I am often asked, will it matter where I got my life insurance policy from? The answer is yes, most people purchase a policy through their employer, this is usually referred to as an ERISA policy, (employment retirement income security act). When you have an ERISA policy you then fall under Federal Law, this can have some very important consequences in regards to receiving double indemnity from the policy, there are areas in which state law differs from ERISA law, in regards to life insurance and making a claim for it. I have been involved in an issue where Federal Law differed from state law, and we were successful in recovering the full life insurance policy limit for my client.

There has also been some new language written into non-ERISA life insurance policies where you the individual bought it on your own, and not through work. Unfortunately most people do not understand the fine language of a life insurance policy until it is time to make a claim on it.  There are many reasons an insurance company can deny a life insurance policy and or deny double indemnity.

Should you find that in your time of the need a life insurance policy has been denied, please give us a call at the toll free number (877) 271-2633 or local at (615) 308-2633. We would be pleased to speak with you, and there is no obligation for phoning us. There is never a fee unless we are able to collect for you on the policy.

www.nashvillepersonalinjuryattorneyinfo.com

Daniel L. McMurtry, Esq.

The first such additional condition that most people do not think about is breathing, many of my burn clients have had to go on supplied oxygen to help with their breathing. In an explosion, sometimes the flames are quiet literally burning the lungs through the windpipe, once the lungs are scared it can be difficult, if not impossible to breath without the use of  oxygen. Many clients involved with burns suffer permanent scarring of the lungs. As one might think, many employers simply will not allow you to work at their place of business, if you require the assistance of an oxygen tank.

The second problem is how the environment affects the burned areas of your body. Many people do not realize that many burned areas of the body once repaired, do not contain sweat glands, thus the client applying for disability cannot sweat, and must avoid heat and direct sunlight, this severely impairs the chances of being employed, and may eliminate any and all chances of employment. Likewise cold weather can affect a burn client’s skin as well, many if not all burn clients of mine must avoid cold weather as well as hot weather.

The third element that arises in burn cases is the scarring and mental aspects that many people suffer as a result. While the scares are visible, the mental aspects are not so visible, however this can be shown by a doctors observation of you or your loved one or family member. A medical professional can evaluate your mental condition as it relates to your disability.

If you need assistance with your personal injury case involving severe burns,  please feel free to give the law office a call at 1 (877) 271-2633 or call local at (615) 308-2633.

www.nashvillepersonalinjuryattorneyinfo.com

Daniel L. McMurtry, Esq.

Understanding Tennessee Personal Injury Accidents

There are two major components to most personal injury car wreck claims, the first is liability. In Tennessee we have what is called or refered to as comparative fault, simply meaning you may still recover for an auto accident in Tennessee as long as you are not more than 49% percent at fault. This would affect a jury verdict by simply deducting the percentage of  fault from your judgment, If you received $10,000.00 in a settlement or verdict, you would deduct $4,900.00 dollars for your portion of fault, if you were 49% at fault.

The second major component of a personal injury claim in Tennessee is damages. Damages are things you have incurred as a direct result of the accident, things like medical bills, lost wages, property loss, and a few other things. Damages must be proven, they cannot be speculative in Tennessee, in other words you need proof. Medical bills are often the primary source of loss and or damages. I start by requesting a copy of all of your medical bills that you have incurred as a result of your car accident, along with your medical records. As your attorney it is always important to understand your damages and know how you will prove them early on in the case. 

Most people are unaware that when you are in a car wreck in Tennessee and your health insurance pays your initial bills, generally you must pay them back when you receive compensation from the insurance company insuring the driver that hit you, this is called subrogation. It also applies if your car insurance company is billed under your med pay policy on your insurance, you must pay this back, and again it is called subrogation.

Should you need assistance in your personal injury accident, please give the law office a call at our toll free number of (877) 271-2633 or local at (615) 308-2633, we look forward to hearing from you.

Daniel L. McMurtry, Esq.