Maritime Injury Lawyer & Attorney : Vujasinovic & Beckcom : Jones Act : Serving Texas, Louisiana, Mississippi

Last week, Health Net, Inc., a health insurance company, was found liable to one of its policyholders for cancelling a cancer patient's health insurance policy while the patient was undergoing treatment.

The decision prompted Health Net to announce that they are scrapping present and future cancelation plans.

The decisionmaker, Sam Cianchetti, a retired Los Angeles County judge, found that Health Net had violated numerous state law in canceling Pasty Bates' policy.  He called the company's actions "despicable."

The trial also revealed that Health Net tied employee bonuses to the number of policies cancelled.  The retired judge called the bonus program reprehensible.

What does this decision mean for Texas policyholders or Texas accident and injury victims who have been mistreated by the insurance companies?

Unfortunately, not much.  In the past 10 years or so, Texas lawmakers and Texas courts have passed laws and issued decisions that protect insurance companies over policyholders.  It is still very difficult in Texas to sue an insurance company directly and win.  And even if you win, the laws make it difficult to survive an appeal.

If you are interested in protecting policyholders over insurance companies, the only way to make that happen is for your representatives to pass laws removing some of the protections provided to the insurance companies.  Call your state representative and bring this to their attention.

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According to a story posted on BenGlassLaw.com, some major disability carriers are basically defrauding claimants.

At least one insurance company is sending 1099s to people with whom it settled in the previous year.  One major company is even telling the IRS that the settlements are taxable benefits. 

This is false.  If you receive disability benefits and paid the policy premiums, any benefits are not taxable.

Even though the major insurance company admits that it knows the settlements are not taxable, it is sending the 1099s to the IRS anyway.

This is pure fraud by this company.  It also means that the disabled person will spend time and money fixing the mistake.

These insurance company tactics should be stopped in their tracks immediately so people who are already disabled aren't forced to spend any more time and money messing with the insurance company or its mistakes.

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According to reports, a worker for New Port Building and Construction obtained a $1.47 million dollar settlement after he was paralyzed while working at the company president's personal residence.

The insurance company discovered after the accident that the injured worker had not filled out the proper insurance forms before the accident.

One of the most important things consumers must remember when purchasing insurance is to be honest and forthright on the application and to fill it out completely.  Do not fail to list information you think may increase your premium slightly or leave out requested information.  If you do, you run the risk of losing coverage for a later accident or covered claim.

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After an offshore injury, the insurance company will probably want to take a "recorded statement" from you.  The insurance company will tell you they are trying to "investigate your claim" and "determine liability" and they need your recorded statement "for their file." 

The insurance company will try to convince you it is in your best interest to give a quick recorded statement.  They will say something like "just tell us what happened" so they can "make an offer" on your case.

They may even try to convince you to sign paperwork.  That paperwork may completely eliminate your legal rights against the company or wrongdoer, or severely limit those rights.

For example, a company called "Weeks Marine" often tries to convince badly injured workers to sign papers giving up their right to sue.  Weeks Marine has gone so far as to go to the hospital after one of the workers was injured and shove papers in front of them injured worker.

It is a bad idea to give a recorded statement to the insurance company or employer unless you have your own independent attorney involved. 

Why?

Because the real purpose of a "recorded statement" is so the insurance company can trick you into saying something that will hurt your case or allow them to avoid responsibility for paying your claim. 

The insurance company  and their adjusters are skilled at "investigating" the case in such a way that it either allows them to avoid responsibility entirely or significantly reduce the amount of your claim.

The bottom line is that if you were injured at sea or injured offshore, and the insurance company starts trying to talk you into giving a recorded statement, carefully consider not giving a recorded statement without your own independent legal advice.  Otherwise, you may be falling into an insurance company trap.

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Selecting the Right Lawyer May Be The Most Important Decision You Make
By Brian Beckcom

When you suffer a serious injury working offshore, or if a loved one is killed working offshore, selecting which lawyer will represent you in your case is one of the most important decision you will ever make for your case, if not the most important decision.  If your injury is career-threatening or career ending, or if the family breadwinner has been killed or disabled, obtaining a good monetary result in your case may be the most important thing that could happen financially.

Frankly, not many lawyers handle Jones Act, Longshore, Injury at Sea, or Maritime Injury cases on a regular basis. 

In fact, the vast majority of lawyers have never handled a Jones Act or Maritime Injury case in their entire career.

Now, some lawyers will tell you they have experience or are able to handle your case.  But before you hire a lawyer to handle any offshore injury case, you should consider the following five things:

1.  Don't hire the first lawyer you talk to.  Interview more than one lawyer.  Hiring a lawyer is a very personal decision.  Some lawyers are great for particular clients and some just don't "fit" right.  So shop around a little before making your decision.

2.  Ask the lawyer directly how many offshore injury cases he or she has handled in his or her entire career.  If the lawyer doesn't give you a direct answer, consider finding another lawyer to represent you.

3.  Ask the lawyer if he or she is board-certified in any field of law? 

4.  Find out about past case results by asking the lawyer for a list of case results.  Any competent lawyer should be able to provide this to you relatively easily.

5.  Ask the lawyer whether he has ever published any articles or given any speeches on Jones Act, Longshore, or Maritime Injury cases.  Obviously, it is not necessary for the lawyer to have published articles for he or she to be a good lawyer--but it doesn't hurt.

Remember, hiring a lawyer is a personal decision and you certainly don't have to hire the first one you interview.  You should shop around a little bit, ask the right questions, and only hire an attorney once you are satisfied with the answers to your questions and comfortable with the attorney and his assistants on a personal level.

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About the author

Brian Beckcom is a board-certified personal injury trial lawyer with extensive experience handling serious personal injury and wrongful death matters, including Jones Act, Longshore, and General Maritime Injury cases.

Mr. Beckcom practices at Vujasinovic & Beckcom, P.L.L.C., a Houston-based law firm with a national practice.

To contact Mr. Beckcom and schedule an appointment to discuss your legal matter, call toll free 877.724.7800.

To learn more about the Mr. Beckcom and his firm's practice, visit the following websites:

www.vbattorneys.com
www.maritimeaccidentattorney.com
www.themaritimelawyer.com

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