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Wrongful Death - Car Accidents - Defective Products

The Miley Legal Group June 2009

Miley Legal News

Young adults health

A report from the National Center for Health Statistics shows the health of young adults age 18 to 29 has not improved in the last 15 years. In some areas, such as obesity, they are less healthy. One-third are obese and another third are overweight. Many dont exercise. Some 30 percent do not have health insurance, and almost a third of young men are smokers. One quarter of them admit to binge drinking once a month in the past year. Most young adults appear to be healthy now, but the longterm eects of their habits could cause problems later.

You are the financial security are The rules offirst!! Welcome!! If you are reading this, then that make it possible us to dithe first to receive the first edition assistantsexcellent services to ourforclients. erent now you are provide
Some of the time-tested advice on fiGroup of the Miley Legal News The nancial security has to be We have often thought with the Scoop. changed in the current economicto keep in touchfrom the editors of ways times. Some tips not only with of Money magazine: our clients, but also our friends with whom we enjoy some connection so Judging risk is about making or missing that we may provide youstock when its a with interesting financial goals. Buying and helpful waiting for the upturn may not bargain or information. At The Miley Legal Group we have, your money in the be best if you will need and will always, pride decade. Scaling back onvery candid next ourselves on being stocks might be better even if you good, next upturn. and give to you the miss thethe bad, and the ugly of newsworthy and interesting Increase your available community, our events that occur in our cash. Forget six months our nation. state, and living expenses. Try to gather two Borrowyou may better mortgage you can So that cautiously. Get a know the indiaord for assist of the loan and make a viduals thatthe life with the legal matters indownoffice, weof 20 feature for the next the payment will percent. Its still a good idea to buy a home. Have assistants who make up The Miley Legal modest expectations for a home as a wealth Group. Owning gives you a hedge against builder. rising housing costs and it results in a We hope you will enjoy receiving the forced commitment to save. In the end, you scoopthe house and noany article or make own and if there is longer have to issue ofpayments.that you would like to see in interest

several months the lawyers and legal

If you received a copy of this first edition newsletter, then you probably are, or have Diversify investments the right way. Check been, a client ofor want to buy at Morningfunds you own our firm. As you already know, clients of The Miley Legal Group star.coms Instant X-Ray Tool. Buy a fund are served by atoteam of tough, smart that invests up 20 percent in emerging professionals who rest ineach case as if it markets and the treat developed countries. Th own, and it is the dedication was theiren consider a high-yield fund and a commitment fund lawyers and well andbroad U.S. bondof theand you will belegal
diversified.

to four years of living expenses in low-risk savings.

Forget to contact the office and retirehesitate early retirement. Delaying share ment by just with us. It increase your your thoughts one year couldis our intent toannual retirement income by 9 percent, be THE law firm that provides interaccording to the Urban Institute. If you esting and relevant stories to our friends, are forced to retire, find another job even families, neighbors, current and former if it doesnt pay as much. Put o collecting clients, Security benefits foranybody aswho Social and just about as long you wants to be updated about legal issues. can. If you can find a job with health benefits, its even better. The average health-care tab for an early retiree before he is eligible for Medicare is up to $8,500 a year, according to AARP.

one of our newsletters, please do not

Stay tuned.

Tim Miley

Determination gives going in spite of the roadblocks that lay before you. Denis Waitley

you the resolve to keep

Grow some food

In June, its too late to start planting seeds, but you can still have a garden that provides many servings of peas or beans for the rest of the year. Buy a few plants at the garden or home improvement store.

Make the garden in a spot that has eight or more hours of sun each day. Dig a bed at least 12 inches deep and work in compost or organic matter. Or you could make a raised bed by creating 12-inchhigh mounds.
(Continued on page 2.)

Recommended Reading: Whats on Your Bookshelves?

Pygmy by Chuck Palahniuk Road Dogs: A Novel by Elmore Leonard Fools Gold: How the Bold Dream of a Small Tribe at J.P. Morgan Was Corrupted by Wall Street Greed and Unleashed a Catastrophe by Gillian Tett Whos Got Your Back: The Breakthrough Program to Build Deep, Trusting Relationships That Create Successand Wont Let You Fail by Keith Ferrazzi Sunnyside by Glen David Gold The Walking People by Mary Beth Keane Strong Enough to Die: A Caitlin Strong Novel by Jon Land How to Buy a Love of Reading by Tanya Egan Gibson Final Finesse by Karna Small Bodman Love in Condition Yellow: A Memoir of an Unlikely Marriage by Sophia Raday
2 The Miley Legal Group

When is health insurance not insurance at all?

Most people believe that the health insurance provided by their employers will cover them if they are injured in an automobile accident. The reality is that in most cases, if you are covered by your employers health-benefit plan and you are injured in an accident, the medical bills you incur will not be covered. Usually, the healthbenefit plan will pay the bills so that the health-care providers can be paid; yet, in most cases, that same insurance company will attempt to force you to repay everything they have paid if you are successful in your lawsuit.

Helpful Tips

Recently a client was very seriously injured in an automobile accident, and the plan paid over $50,000 of her medical expenses. The problem was that the person who caused the accident had only $50,000 in liability insurance coverage. Thus, the health-insurance plans position was that it was entitled to all of the proceeds of the case, and the injured child was entitled to nothing!

What can you do about this? It is suggested that you purchase underinsured motorist insurance in the minimum amount of $500,000. Most people should purchase at least $1 million of uninsured motorist coverage; you will be shocked to find how inexpensive this insurance is. This way, if you or a family member is seriously injured and the person who caused the accident has no insurance or very little insurance, then you will be protected even if you must repay the insurance company who paid the medical bills. If you do not know how much insurance you have, then pull out your automobile insurance look at the cover page (the page that says what benefits you have). Please do not allow your family to be financially devastated because you made a decision to not purchase enough uninsured motorist coverage.

Bank your own blood?

Because of concerns about hepatitis or HIV going undetected in the blood supply, about five percent of patients opt to donate their own blood in advance of elective surgical procedures. This kind of blood donation is known as an autologous transfusion. Patients usually review surgical needs with their physicians first. Then the doctors can write prescriptions asking hospitals or Red Cross donor sites to make auto transfusions to the hospitals blood banks. Donations should be made about three weeks prior to surgery, with donation sites and hospitals

charging a service fee of $70$100 per pint of blood handled. Medical authorities note that some patients may not be good autologous transfusion candidates. Those with histories of cardiac disease, high blood pressure, seizures, or obesity may not be eligible to contribute. Furthermore, risk of infection during donation, human error in mislabeling, and other problems may add a small, but real, risk to autologous transfusions.

Grow some food (cont.)

They will need an inch of water each week from rainfall or watering. Harvest crops

as they come on, and continue to harvest regularly.

1. Improper or incomplete documentation by the physician. 2. The service is not a service covered under the policy. 3. The requested service falls under the preexisting condition exclusion. 4. There has been some misstatement on the application for insurance by the patient that the insurance company deems to be material and untruthful. 5. The healthcare entity seeking reimbursement is not an approved healthcare provider or planned participant. Strategies for Dealing With a Denial of Benefits Like many things in life, an ounce of prevention is worth a pound of cure!

Health insurance tips: Reasons why benefits are denied

Important News

Getting it right from the start

There are an ever-increasing number of claims for longterm disability insurance benefits. It certainly appears that the long-term disability insurance companies are haphazardly denying more and more legitimate claims. Many claimants have proceeded through portions of the cases by themselves. This is a big mistake. Anyone contemplating filing a longterm disability claim should consult with an experienced ERISA long-term disability attorney before stopping work. There are simply too many mistakes that we have seen claimants and their doctors make that have, unfortunately, made some of these claims simply not winnable. Because the law is so heavily tilted in favor of the insurance companies, we see many people who are truly disabled, but who cannot win their claims because mistakes were made before experienced attorneys got involved.

obligation to read it. If you do not understand the policy when you receive it, consult with someone knowledgeable in the field who is independent of the person or entity that is trying to sell you the policy.

2. Beware of specialty policies. It is rarely ever a good idea to buy insurance for specific medical diseases, such as cancer. These policies are filled with loopholes and limitations that make them worthless to the average person. 3. If your insurance policy requires that you use a healthcare provider from the plan, double check to make sure that the healthcare provider is a member of the plan and, if you have time, get the confirmation in writing. 4. Be brutally honest in filling out all applications for any type of insurance, including health insurance. If you have misrepresented anything of substance, you can bet that the insurance company will find it and leave you holding the bill. 5. If you are denied benefits, make sure that the insurance company puts the reasons for their denial in writing. You should state your reasons why you feel benefits should not have been denied in writing. Do not leave any issue of denial of insurance benefits to oral conversation. Memories fade and insurance employees frequently either leave the business or change companies. If it is not in writing it didnt happen.

Dealing with an insurance company who denies medical benefits can be very frustrating and, at times, life threatening. There are some basic strategies that everyone, young and old, can employ to minimize the risk that you will be denied insurance benefits when you most need them. 1. If you are buying health insurance, understand what it is you are purchasing. While it is good to ask questions of the agent or telephone sales person, understand that the answers given by sales people are not binding on the insurance company. The insurance company must provide you with a complete copy of the insurance policy, but it is your

?PUZZLER

How many animals did Moses take on the ark? ?

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Fun FactsFacts Fun

Fun Facts
Another Reason Another to Drink and Drink Problems NotReason Not to Drive and Drive with energy drinks
No one should ever drive while intoxicated. We all No one should ever drive while intoxicated. We all know that each daythat eachis violated. is violated. know this law day this law ance. Instead, they are beneficiaries of health plans will generally protect the health plan.

Many peopleMany no longer have traditional health insurMostance. Instead, theypeople no longer have traditional health insurenergy drinks contain tons of of health plans are beneficiaries from their employers. These health plans can plans can be caeine, sugar and herbal supplements These healthbe from their employers. written in violation ofin violation of state insurance law, and courts state insurance written to drink one as law, and courts such will taurine. Its OK the health plan. as generally protect

long as it has about the same amount of

Health plans Health plans written by written by employers may contain so caeine as a coupleboy clauses. and about employers that contain so cups of coee These clauses state may called bad medical bills will not be can ifnot be paid if your due the same amount of sugar as apaid of your injuries were injuries were due medical bills will soda. to your participation in an illegal act. illegal Many containown to higherown participation in anRecent act. Recent much your amounts plus cases involved people who were paralyzed in paralyzed in onecases involved people who were one-

called bad boy clauses. These clauses state that

Puzzler Answer: Moses didnt take anything on the ark. Noah did.

Puzzler Puzzler health plan in each case denied coverage on the bring happiness; happiness; basis of clauses in of clauses that excludedthat excluded coverage bring basis the plans in the plans coverage Answer: be but for the massive amounts of ca the If you want toAnswer:there is no happi- Ingestingdrunk driving. As a result, eine hospitals that
but there is no happi2003: they 2003: ness treated thesetreated these left with abnormal ofthousands of patients are patients are left with dolin two or more energy drinks can trigger thousandsheart rhythms. dolthey ness without action. uncollected bills. happy for a year, plant a without action. lars of lars of uncollected bills. are prime are prime garden. If you want to Benjamin Disraeliconsumed along with alcohol when you are dehydrated, or consumed years. Benjamin Research indicates that courts have ruled that these Disraeli If years. for drunk driving. As a result, the hospitals that

and sleep problems. excess of hundreds of hundreds ofof dollars. The dollars. The excess of thousands thousands of Action may Action may not health plan in each case denied coverage on the not always always

othercar accidents. HospitalcauseHospital records indicated that the substances. carey can records indicated that the Th accidents. faster victims had blood alcoholblood alcohol levels well theexcess of the victims had levels well heartbeat, irritability, nervousness, nausea in excess of in

legal limit. Inlegal limit. In the medical bills medical bills were in both cases, both cases, the were in

be happy for life, plant a tree. English proverb

bad boy sporting event, they are dangerous. Fainting or a social quickly before aclauses boylegal because it is because it is good heart bad are clauses are legal good social

Research indicates that courts have ruled that these

Firm NameFirm Name September 2008 September 2008

attack could occur,policy to discourage drunk driving. say doctors at the Mayo Clinic.

policy to discourage drunk driving.

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