Tag: death

Accidental Death and Dismemberment Insurance #accidental #death #insurance #vs #life #insurance


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Accidental death and dismemberment insurance

Accidental death and dismemberment Insurance (AD D) can provide benefits, but is it worth it? The additional cost and limited protection offered by accidental death and dismemberment insurance make its purchase difficult to recommend. You may want to consider also evaluating how AD D compares to other types of life insurance. such as term life insurance and permanent life insurance.

About Accidental Death and Dismemberment Insurance

AD D insurance pays you or your beneficiaries a set amount of money if your death or dismemberment is the direct result of an accident. However, there are coverage restrictions that make accidental death and dismemberment insurance far less useful.

An accidental death policy or rider (minus dismemberment coverage) is a similar policy. If, for example, you had a $100,000 life insurance policy and you added an accidental death rider, and you were killed in a covered accident, your beneficiaries would get a total of $200,000 from your life insurance and the rider. The fact that it can pay twice as much as normal is why it’s sometimes called “double indemnity.”

AD D is a limited form of insurance that covers you only in accidents.

What Does AD D Cover?

AD D insurance covers exactly what its name states: accidental death and dismemberment. What does this mean? In the event of a fatal accident or an accident that results in you losing your eyesight, speech, hearing, or a limb, AD D will pay you or your beneficiaries a specified amount. However, there are restrictions and exclusions. To receive benefits related to an accident, your injuries or death usually must occur within a few months of the accident date. Also, you will only collect benefits if your death or injuries are proven, direct results of the accident.

Dismemberment coverage works on a “per-member” basis. If you lose one member (a hand, foot, limb, sight in one eye, speech or hearing), the insurance company will usually pay 50 percent of the full benefit. If you lose two members, you will receive the whole benefit. Coverage amounts for partial or complete paralysis vary, but are usually 25 or 50 percent.

Optional coverages sometimes include hospital stay coverage after an accident, and spouse and children coverage.

What Does AD D Not Cover?

Typical exclusions of AD D coverage include death during surgery, resulting from a mental or physical illness, bacterial infection, hernia, or a drug overdose. In addition, many policies do not cover “risky activities,” such as skydiving, car racing, and involvement in a war. “It is important to read the fine print when applying for this kind of policy. While it may seem like you’re getting better and more adequate coverage, in reality, you’re probably not,” says Belden.

Where to Buy AD D

You can generally purchase accidental death and dismemberment insurance as a separate policy or as a rider (endorsement) on a basic life, health or other insurance policy. AD D policies are typically issued by major insurers and can also be purchased through credit card offers or credit unions. Some life or health insurance companies may include or offer AD D in their group insurance plans.

Is Accident Protection Worth It?

Depending on the amount of coverage purchased and the benefits it provides, AD D insurance premiums can cost as little as $60 per year. The low cost of accidental death and dismemberment insurance also means it doesn’t provide much benefit. In fact, it usually only provides a small amount of peace of mind. It’s generally more cost-effective to put the money you’d be paying toward the premium into a standard life or other insurance policy instead.

Will It Really Help?

If it’s very likely that you’ll die or become dismembered as the direct result of an accident, an AD D policy may be a good idea, although you may have a higher premium if you’re at high-risk because of your occupation or activities. Having additional coverage doesn’t hurt, but realize that an accidental death and dismemberment policy is extremely specific and thus unlikely to pay a benefit. If you already have a life insurance policy, purchasing a larger benefit amount might not cost much more, and it will cover more circumstances with fewer exclusions.

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American CPR Training™ #cpr, #cpr #training #classes, #first #aid #training, #first #aid #at #work,

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Our price is lower than the manufacturer’s minimum advertised price. As a result, we cannot show you the price in catalog or the product page.

You have no obligation to purchase the product once you know the price. You can simply remove the item from your cart.

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On top of being a Tech Sergeant and American CPR Training Affiliate Instructor, Earl is also a teacher, a coach, and the athletic Director at Holmesburg Christian Academy. He cares about his students and made sure he took the time to also explain to them what it was like and what he did overseas. After a little bit of R R he has returned to his normal routine, including teaching for American CPR Training . His love for teaching makes his classes “fun, highly informative and very hands-on”. He uses real world experience and provides a lot of feedback so the American CPR Training participants feel confident when providing lifesaving skills.

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Tobacco Initiatives #tuberculosis, #air #pollution, #tobacco, #sarcoidosis, #cystic #fibrosis, #pneumonia, #respiratory #system, #lung #cancer,

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Tobacco Initiatives

Tobacco use remains the leading cause of preventable death and disease in the U.S. killing close to half a million people each year. The American Lung Association is committed to ending the death and disease caused by tobacco use. Our tobacco control policy efforts include advocating for Food and Drug Administration (FDA) oversight over tobacco products, coverage of tobacco cessation treatments under health insurance plans, smokefree workplace laws, increased tobacco taxes and other legislative measures and community programs that are crucial to reducing tobacco use and eliminating exposure to secondhand smoke.

Oversight and Regulation of Tobacco Products

The Lung Association worked for more than 20 years to see the Tobacco Control Act passed, which gives the FDA the authority to regulate cigarettes and tobacco products. We are working today to see that this law is effectively enforced, reducing the terrible burden caused by tobacco use.

Cigarette & Tobacco Taxes

We strongly support efforts on the national, state and local levels to increase taxes on cigarettes and tobacco products. Find out why.

Tobacco Cessation & Prevention

Governments, insurance companies and employers must establish tobacco cessation and prevention programs to help smokers quit and prevent kids from starting. Our tools and resources can help.

Smokefree Environments

Our goal is for every community to be smokefree. See how we are expanding smokefree communities from public places and workplaces to housing and schools find a tobacco-free university and get information on creating a smokefree workplace.

Reports & Resources

Read our reports on tobacco control policy, including the annual State of Tobacco Control report, and find more information about major tobacco control issues.


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Portland Personal Injury Lawyers – Car Accident Attorney Oregon #portland #accident #lawyer, #accident #lawyers,

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Portland Personal Injury Lawyer

Most people do not know how to protect their rights and get fair compensation for their auto accident, truck accident, wrongful death or malpractice claim. As an experienced Portland, Oregon Personal Injury Lawyer, I help folks through their claim and the legal system, personally ensuring that we get the best result as quickly as possible .

Jon Friedman, Attorney at Law

The Law Offices of Jon Friedman in Portland opened in September 1984. Since then, we have represented thousands of people in obtaining fair resolutions of their claims against wrongdoers and insurance companies.

Focused on Personal Injury, Auto Accidents, Wrongful Death Lawsuits and Professional Malpractice, we pride ourselves on helping people who have been victimized by an accident or incident in getting a fast and fair result. Most people have never had to bring a claim and can be easily misled by an insurance company. Our comfortable family environment makes the legal process simpler and less stressful.

Our goal with each case is to provide fast and personal attention to assist you from the first meeting through the end of your claim. We insure that you understand where you stand from the start of the case, and keep you informed throughout the processing of the claim.

Not many people have had to deal with a personal injury case. This makes them an easy target for the experienced insurance companies, their adjusters and their attorneys, who are trained to finesse details to avoid liability. Since 1984, we have helped thousands of victims obtain a fast and fair settlement against wrongdoers and insurance companies. We help make the legal process seem less intimidating and more understandable. Throughout the entire case, you will know exactly where you stand so you can keep your focus on recovering.

Portland Personal Injury Attorney, Jonathan Friedman

When I first started practicing law, I primarily practiced consumer law. As things evolved, the practice has shifted, and now, the bulk of my practice is car crashes and professional negligence. And when I say professional negligence, I mean medical malpractice, if your doctor has done something wrong; I also do legal malpractice, because lawyers, too, make mistakes

Portland Personal Injury Attorney. Jon Friedman, is dedicated to helping accident victims receive fast and fair resolution. Call (503) 242-1440 or visit our site for more information on compensation.

What is a Personal Injury?

Personal injury law covers a broad spectrum of cases. This could include an injury caused by a car or truck accident, a physician or a lawyer s negligence or an injury due to unsafe property conditions (known as premises liability case-which are called slip and fall cases by the insurance companies in an attempt to put the blame on the victim). In any viable personal injury case, the victim must prove liability. The main areas of personal injury law we focus on include:

For more information on personal injury claims, click on the links above or check out our FAQs .

Do You Have a Injury/Accident Case?

The first thing you need to know is whether or not you have a case. To determine this, you will need to establish three things:

Negligence You will have to prove that the person responsible for your injury was negligent. Negligence is defined as someone doing something no reasonable person would do or failing to do what a reasonable person would do. This may mean that the other party acted negligently, carelessly or recklessly so as to cause a jury to conclude that it was the other party’s fault.

Causation You must prove that this negligence directly caused your injury. You are only entitled to damages if you can prove negligence and causation. Causation includes any new injury caused by the event or an aggravation of a pre-existing condition. Both are compensable under Oregon law.

Damages Oregon economic damages consist of past, present and future medical bills and wage loss. Non-economic damages refer to past, present and future pain and suffering as well as interference with your ability to lead your normal day to day life including but not limited to the loss of abilities that you had prior to the accident. This could include inability to participate in your favorite sports, failing to work at the same pace you did before the incident with regard to your everyday activities or even bending over to pick up the newspaper. The bottom line meaning of noneconomic damages is that you are legally entitled to recover for every way an incident adversely impacts your life.

When a personal injury case is started, we instruct the insurance companies to direct any dialogue to us. In the appropriate case, we will hire a private investigator to help put the facts together so we can get a complete understanding of your case. The facts we are able to develop through our investigation could result in a quick and fair settlement of your claim without the need of filing a lawsuit.

Helping You Recover From Your Portland Injury

At The Law Office of Jon Friedman, we offer free legal advice and initial consultations to discuss the details of your claim. We offer personal attention to each case. We have the experience to get you a fast and fair settlement. We have built a solid reputation in the state of Oregon helping thousands of clients obtain fair resolutions for their personal injury claims .

If you or a loved one have been injured due to someone else s negligence, contact us for a free, no obligation meeting over the phone or in person at our Portland office .

We are readily available by phone or email should any questions or concerns arise during the course of your case. Feel free to contact us with any question or to receive free legal advice.

It is surprising how many people fail to understand that they have a legal right to make a personal injury claim against the person or persons who have caused them some sort of harm, whether this is in an automobile accident or due to wrongful diagnosis in a hospital.

Not contacting an Portland experienced personal injury attorney as soon as you can may allow the responsible party and their insurance carrier to take advantage of you, so that they can resolve the case for less than full and fair compensation to you.

If you have had an accident of any type or have experienced professional malpractice or negligence which has affected you adversely in any way you should contact the Law Office of Jon Friedman to arrange a free and frank initial discussion of your situation.

If you or a loved one is in need of a skilled and experienced personal injury attorney in the Portland area, please contact the Law Offices of Jon Friedman now at (503) 242-1440 for your free, confidential assessment.

Why Choose Jonathan Friedman

Good day. My name is Jon Friedman. I m a lawyer. I ve been practicing in Portland, Oregon, in this very space, 1020 Southwest Taylor, in downtown Portland for 30 years. I m right across the street from the main public library in between 10th and 11th on Taylor. The building takes up the whole block directly across the street from the library. I ve been in this space 30 years and I will be here at least another five. I m pretty comfortable with the surroundings. We re close to the courthouse and it s a comfortable environment.One of the things that distinguishes me and my practice from others is that my practice consists of me and my support staff. We try to run this operation as though it s a family. Often, people complain to me that once a lawyer has signed them up, they never hear from them again. Their lawyer doesn t respond to e-mails or telephone calls. That is unfortunate for everybody concerned.What I try to do is insure that I have time to adequately tend to my client s needs. Part of that process is insuring that I take care of all of the insurance carriers and the responsibilities that go with pursuing a claim, while at the same time giving you the opportunity to focus on seeing your doctors and doing what it takes you to get well.Sometimes there are peaks and valleys when you re a sole practitioner. I try to moderate the peaks and valleys in that I won t take on too much work, because it oftentimes comes at the cost of not giving my client appropriate time and attention. As a rule, we pride ourselves in getting back to somebody within hours, certainly within a day, of a phone call or an e-mail. Sometimes that will happen in the evenings or weekends. Whatever we can do to make it more comfortable for you, that s our intention.When I first started practicing law, I primarily practiced consumer law. As things evolved, the practice has shifted, and now, the bulk of my practice is car crashes and professional negligence. And when I say professional negligence, I mean medical malpractice, if your doctor has done something wrong; I also do legal malpractice, because lawyers, too, make mistakes.

PRACTICE AREAS

TYPES OF INJURIES FRACTURES


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Cape Cod (Barnstable County), Massachusetts Gravestones #cape #cod #gravestones, #barnstable #county #gravestones, #massachusetts #gravestones,

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17th, 18th & 19th Century
Cape Cod Gravestones

Gravestones Dated 1683 – 1880 or Later
in Barnstable County, Massachusetts
Gravestone Records from the 15 Towns of Cape Cod

Thomas Paine (d 1721)
Truro Old North Cemetery
(my ancestor)

Mission Statement
A major goal is to photograph and display the most interesting old gravestones in Barnstable County before they are lost to the ravages of time. A related goal is to provide reasonably complete gravestone records from the earliest in 1683 up to 1900 for all Barnstable County cemeteries. The web site is complete to 1880 for most cemeteries and many cemeteries are complete to 1900. Work continues for the time period 1880 – 1900.

Information about the gravestone carvers and gravestone styles is included. Reference sources for cemetery surveys done over the last one hundred years are provided for further research.

Search Suggestion
If you want to search for a specific name on this large web site, go to the Google search engine at www.google.com. In the search box enter capecodgravestones+name. There should be no space before or after the + sign. For example, if you are searching for Marcy Freeman, enter in the search box capecodgravestones+Marcy+Freeman. The search result will be a listing of links to Marcy Freeman. To search for all the Mulfords, enter capecodgravestones+Mulford in the Google search box. Click on the link “Repeat the search with the omitted results included” to display all the links. Most links go directly to sections of this web site but some links go to other web sites which link back to this web site. In limited tests this search procedure works well with Google! The procedure does not work with some other search engines.

Quick Tour
If you want to view some of the more interesting old gravestones on Cape Cod and the variety of gravestone styles from the 1600’s to the 1800’s, follow the Quick Tour link at the bottom of this home page.

Forty Four Thousand Names with Gravestone Inscription Information

Less than twenty seventeenth century gravestones, about 3,700 eighteenth century stones, about 37,000 nineteenth century stones and a few thousand twentieth century stones are included for the fifteen towns of Barnstable County. More gravestone records are being added as an ongoing project.

My research indicates that only about 2,600 of the previously recorded 3,700 eighteenth century gravestones were extant in the year 2000. It appears that about 1,100 or 30 percent of the 3700 eighteenth century gravestones were lost in the hundred years between 1900 and 2000.

Four Thousand Color Photographs

The 17th and 18th century gravestones displaying carved images including winged skulls, winged heads and sunbursts are important colonial folk art. These carved images provide clues concerning early attitudes towards death and the fate of the soul in the hereafter. Gravestone styles changed in the 19th century reflecting greater emphasis on mourning of the survivors. More and better quality photographs are being added as an ongoing project with emphasis on photos of 18th century gravestones.

One Hundred Thirty Five Old Burial Grounds

The Cape Cod Cemetery links at the bottom of this page lead to lists by town of all cemeteries on Cape Cod which have pre-1880 gravestones. For each cemetery the names are listed in chronological order by year of death. Each listed name includes all gravestone genealogical information. Many of the names are linked to photographs and accurate reproductions of the inscriptions.

Forty Six Gravestone Carvers

The Gravestone Carver link at the bottom of this page provides information about the early gravestone carvers represented on Cape Cod and displays collections of their work. Thirty two 17th and 18th century gravestone carvers and fourteen 19th century gravestone carvers are included. Most of the 17th and 18th century gravestones on Cape Cod were carved in the Boston and Plymouth areas with some supplied from Rhode Island and Connecticut. Many local Cape Cod gravestone carvers were active carving marble gravestones in the 19th century. Included in the gravestone carver section are links to a discussion of the meaning of the carved images and to a suggested reading list about the gravestone carvers.

Eight Hundred Colonial Epitaphs

The Epitaph link at the bottom of this page leads to interesting epitaphs commemorating or describing the deceased. The epitaphs are organized by cemetery and they are listed in chronological order for each cemetery. Epitaphs were uncommon before the mid 1700’s.

Cemetery Survey Reference Sources

The Cemetery Survey links at the bottom of this page provide reference sources for surveys done over the last one hundred years for each cemetery.

Limitation – Web Site Is Not A Complete Record of All Deaths

While this web site is a good source for pre-1880 gravestone records, it does not include all pre-1880 deaths in Barnstable County. Many persons did not have permanent grave markers especially in the 1600’s and early 1700’s. Most early burial sites were unmarked or marked with fieldstones, wood posts or mounds of earth all of which have long since disappeared. Also, the web site does not include gravestones which disappeared during the 1700’s and 1800’s since most available Barnstable County cemetery surveys date back only to about 1900. For more complete information on all deaths, you must research other sources such as town vital records.

Limitation – Web Site Age Data Can Be Misleading

Feedback

For comments, questions and requests please e-mail

Your emails on many subjects including contributions of photographs and genealogical information are appreciated. Email inquiries will receive prompt response.

You are welcome to freely download the information and images on this web site for non-commercial genealogical purposes. However, lifting large numbers of photos for other gravestone web sites is not allowed.

There were about 1.1 million pages viewed on the web site in 2011.

New infomation last added by Robert Paine Carlson May 2012.


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Survival Actions vs #wrongful #death #arizona


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Survival Actions vs. Wrongful Death Claims

You may be familiar with the idea that, if a person dies as the result of a personal injury, his or her estate can bring what is called a wrongful death lawsuit. You may also have heard of the legal case called a survival action. But what really is the difference between the wrongful death action and the survival action?

Both wrongful death and survival actions are statutory and strictly governed by state law. This means that they exist because the states passed laws (statutes) that allowed these types of claims. Before those state laws existed, a deceased’s personal injury claim died with the deceased; a deceased’s estate had little or no right to pursue a personal injury claim after the death of the deceased.

There are two major differences between the wrongful death laws and the survival laws. First, the wrongful death laws allow the estate to bring the lawsuit in the first place and set forth the legal procedure for bringing a wrongful death lawsuit. Without the wrongful death laws, an estate could not file a wrongful death lawsuit. Second, the wrongful death laws and the survival laws authorize separate types of damages to be awarded to the estate for the death of the decedent.

In a nutshell, the wrongful death laws allow the estate to be awarded damages for the beneficiaries of the deceased (i.e. those who suffered, mostly financially, due to the deceased’s death). The survival laws allow the estate to be awarded damages that the decedent could have recovered if he/she had not died (i.e. pain and suffering and lost earnings).

Wrongful Death Actions

Because wrongful death lawsuits are strictly governed by state law, each state has its own specific state laws and procedures. However, several issues are common to all states’ wrongful death laws, such as:

  • who can file a wrongful death lawsuit on behalf of the deceased’s estate
  • how a person gets appointed to represent the estate
  • what types of damages are allowed in a wrongful death case

Who Can File a Wrongful Death Lawsuit on Behalf of the Deceased?

The personal representative of the estate will file the lawsuit. The personal representative is usually the deceased’s closest surviving relative such as a spouse, child, or parent. Generally, the deceased’s family will agree on who should be the personal representative. but, if the deceased left no will or if the family members do not get along, the surviving family members may not agree over who will be the personal representative. In such a case, the dispute can only resolved by the courts.

How Does the Personal Representative Get Appointed?

The representative must be appointed by the state court that handles wills and estates, often called the probate court. If anyone objects to the person who seeks to become the personal representative, the court will have a hearing and then will decide who would best represent the interests of the deceased’s estate.

What Types Of Damages are Allowed in a Wrongful Death Case?

Wrongful death damages differ from state to state, but are generally financial (the legal word is pecuniary) damages awarded to the deceased’s beneficiaries.

The deceased’s beneficiaries are generally the person’s spouse, children, and any other relatives for whom the deceased provided financial support. The main type of wrongful death damages is loss of support for all family members whom the deceased supported financially for the period of time into the future that the deceased would have supported them.

In order to be awarded damages for loss of support, the family member must prove that the deceased supported him/her financially, and must prove the amount of the support. Minor children will receive loss of support through age 18 and generally for college if the child can prove that the deceased would have contributed to the child’s college education. A widow will receive loss of support until the deceased’s presumed retirement age (usually 65). A widower can receive loss of support if he can show that his deceased wife supported him. Parents or other relatives can also receive damages for loss of support if they can prove that the deceased supported them.

Depending on the state, the deceased’s spouse may be entitled to receive damages for loss of consortium and a separate award of damages for loss of the deceased’s services around the house. The deceased’s children might be entitled to damages for what is called loss of guidance and nurture (this is exactly what it sounds like). The estate may also be entitled to receive punitive damages if the defendant acted recklessly or wantonly. The estate will also receive damages for the deceased’s funeral and burial expenses (although sometimes funeral expenses are considered survival damages). You should be aware that some states have caps (limitations) on wrongful death damages.

Damages Allowed Under the Survival Laws

The survival laws allow the estate to be awarded damages that the deceased incurred from the moment of the injury until the time of death. So, survival damages can include not only the deceased’s pain and suffering. but also lost earnings until his/her death. If, however, the deceased died immediately as a result of the accident, then the estate would be entitled to pain and suffering, if pain and suffering can be proved, but would not be entitled to damages for the deceased’s lost earnings .

Get the compensation you deserve.


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California Attorney Referral – Free Lawyer Referral #brain #injury,criminal #law,lemon #law,wrongful #death,california #bar #association,american

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Free Lawyer Referral

Fill out the form below for a Free Lawyer Referral. In a few minutes an Attorney Search Network Legal Analyst will call you. They will help you search for an experience lawyer to help with your case. All information is confidential and there is no obligation to retain the attorney we refer.

There are a number of ways for you to reach our service:

For immediate assistance please call TOLL FREE (800) 215-1190
Submit our Online Free Lawyer Referral Request Form:

If you experience any problems while submitting this form,
please contact us by e-mail or call us at Toll Free (800) 215-1190

Attorney Search Network is a California State Bar Certified Lawyer Referral and Information Service (certification #113) certified to operate in the following California Counties:

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Attorney Search Network meets all American Bar Association Standards for Lawyer Referral Services.

Call Us Toll Free (800) 215-1190


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Accidental Death Insurance: Farmers Insurance #accidental #death #insurance, #accidental #death #life #insurance


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Accidental Death Insurance

An Accidental Death Insurance policy 2,3 from Farmers New World Life Insurance Company can provide an affordable way to help provide financial support should the unexpected occur.

Life can change in the blink of an eye

Life insurance is intended to help protect your family’s financial well-being, but at Farmers we know that a sudden, accidental death can put even more strain on a difficult situation. That’s why we offer an Accidental Death Insurance policy.

Every time you get in a car, as a driver or passenger, or if you travel by air regularly, you’re taking a risk. If you travel frequently, work in or around potentially hazardous environments, drive for a living, or work with heavy equipment, an accidental death insurance policy may help provide financial support for your loved ones should the unexpected occur.

Features

Farmers Accidental Death Insurance helps provide financial protection against accidental death 24 hours a day. You can select from $50,000 to $200,000 in accidental death insurance protection. 4 Should the unexpected occur, your policy benefit can be used to help pay for out-of-pocket medical costs, lost wages or other expenses – providing you with reassurance, and helping provide for the financial well-being of the ones you care about most.

Coverage of $100,000 for $8 a month

Farmers Accidental Death Insurance is currently available in: AL, AR, AZ, CA, GA, IA, IN, KS, MO, MT, ND, NE, NM, NV, OR, SD, TN, TX, UT, WI and WY.

2 Policy form 2013 ADB or applicable state variation.

3 This is an accidental death only policy. No benefits are paid for a death from sickness, disease or natural causes. We will not pay the Insured Benefit for a death which is caused by, results from, or is contributed to by:

1. Suicide, attempted suicide, or intentionally self inflicted injury, while sane or insane;

2. declared or undeclared war or any act of war;

3. injury sustained while performing military duty or active service;

4. participating in a riot;

5. committing a felony;

6. sickness or its medical or surgical treatment, including diagnosis or any bacterial infection except through a wound accidentally sustained;

7. operating or riding in any kind of aircraft except as a fare paying passenger on a commercial flight;

8. voluntary gas inhalation or poison voluntarily taken, administered or inhaled;

9. being under the influence of alcohol or having a blood alcohol level at or above the legal limit at which it is unlawful to operate a motor vehicle (as defined in the state where the accident occurred);

10. taking any drug, medication, narcotic or hallucinogen unless as prescribed by a physician;

11. operating a mechanical or motorized device or motor vehicle while having a blood alcohol level at or above the legal limit at which it is unlawful to operate the mechanical or motorized device or motor vehicle (as defined in the state where the accident occurred, or, if there is no limit specific to the motorized device, the limit at which it is unlawful to operate a motor vehicle);

12. riding in or driving any type of motorized vehicle in any kind of speed contest.

The above exclusions may vary by state.

4 After age 65, coverage is reduced per the terms of the contract. Coverage terminates at age 80 (75 in California).


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Filing a Wrongful Death Lawsuit for Medical Malpractice #wrongful #death #arizona


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Filing a Wrongful Death Lawsuit for Medical Malpractice

A wrongful death case arises when a patient dies as a result of medical malpractice. Wrongful death lawsuits are strictly governed by state law, and there are certain procedures that are unique to wrongful death lawsuits (as opposed to broader personal injury cases).

While wrongful death laws differ from state to state, several issues are common to all types of wrongful death cases, such as:

  • who can file a wrongful death lawsuit on behalf of the deceased’s estate
  • how does a person get appointed to represent the estate, and
  • what types of damages are allowed in a wrongful death case

In the sections that follow, we’ll address each of these issues in-depth.

Hospital vs. Doctor Liability

Both hospitals and doctors can be held liable in a wrongful death lawsuit. In any given case, the liable party depends on the specifics of the negligent act.

Who Can File a Wrongful Death Lawsuit on Behalf of the Deceased?

The person who will end up filing a wrongful death lawsuit on behalf of the deceased plaintiff will often be the plaintiff’s closest surviving relative — such as a spouse, child, or parent .

The person filing the lawsuit will also often be the executor or administrator of the deceased’s estate (if he/she had one). In most cases, the deceased’s family will have no dispute over who should act on behalf of the deceased, but in some cases the surviving family members will get into a vehement dispute over who will be the representative of the estate. It is the representative of the estate who will have the legal authority to file, control, and ultimately settle the lawsuit.

If, for example, the deceased had no surviving spouse or parents, but left two children who are not on speaking terms with each other, that can spell trouble. Generally, it would be one of the children who would become his/her parent’s representative for the purposes of filing the lawsuit, but the other may object. In such a case, the dispute can only resolved by the courts.

How Does the Person Who Wants to File the Lawsuit Get Appointed?

Whether it is by agreement or after a hearing or trial, the deceased’s representative must be appointed by the state court that handles wills and estates. In many states, that court is called the probate court.

The probate court will require that the proposed representative give notice to all interested parties, such as relatives and other persons whom the deceased may have supported. If no one objects, the court will appoint that person the representative of the estate. If someone objects, there will have to be a hearing, and then the court will decide who would best represent the interests of the deceased’s estate.

Types Of Damages Allowed In A Wrongful Death Case

The plaintiff in a medical malpractice wrongful death case can generally recover the customary damages that are available in a medical malpractice case, such as lost earnings (but not generally future lost earning capacity), lost employment benefits, medical bills, and the deceased’s pain and suffering. For further information on damages in a medical malpractice case in general, please see Types of Damages and Compensation in a Medical Malpractice Case .

The damages that are allowed in a wrongful death case differ from state to state, so, if you believe that you may be able to bring a medical malpractice wrongful death lawsuit on behalf of a family member, you should contact a medical malpractice lawyer as soon as possible.

In addition to the standard medical malpractice damages, the plaintiff in a wrongful death case can of course collect as damages the funeral and burial expenses for the deceased. Any family members whom the deceased supported financially are entitled to damages for loss of support for the period of time into the future that the deceased would have supported them.

In order to be awarded damages for loss of support, the family member must prove that the deceased supported him/her financially, and must prove the amount of the support. Minor children will receive loss of support through age 18 and possibly for college if the child can prove that the deceased would have contributed to the child’s college education. A widow will receive loss of support until the deceased’s presumed retirement age (usually 65). A widower can receive loss of support if he can show that his deceased wife supported him. Parents or other relatives can also receive damages for loss of support if they can prove that the deceased supported them.

Additionally, the deceased’s spouse is entitled to damages for loss of consortium and sometimes for loss of the deceased’s services around the house. Some states allow damage awards to the deceased’s children for what is called loss of guidance and nurture (this is slightly different from loss of consortium ). Loss of guidance and nurture represents the value of the deceased parent’s lost parental advice and teaching. Some states allow the plaintiff in a wrongful death case to receive punitive damages, if the defendant’s (the doctor or hospital) conduct is deemed particularly reprehensible.

Limitations On Damages In Wrongful Death Cases

Some states have caps (award limits ) on certain types of damages in wrongful death cases. In order to learn more about your state’s wrongful death rules, you may want to contact a medical malpractice lawyer.

Get the compensation you deserve.


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How to Truly Say “I Love You” to Your Family #term #life #insurance, #affordable

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How to Truly Say “I Love You” to Your Family

February 09, 2017 at 5:00 AM

Chocolate and roses are classic Valentine’s Day gifts. But I am dead serious when I tell you that the most caring and loving gift you can ever give your loved ones is to protect them with life insurance.

I know, I know. Not exactly romantic. But in terms of material things that we can buy for others, you can’t tell me there is anything that will bestow more protection and peace of mind. Yet a recent survey finds that many parents with children don’t have life insurance. And a significant portion of families that do have insurance, have $100,000 or less of coverage, which I can tell you is way too little.

So are you ready to show your family the love? Here’s how:

  • Think about whether anyone is dependent on your income. Kids. Siblings. Elderly parents. If anyone relies on your for all or some of their support, the next question I have for you is whether your savings and investments could support them if you were to pass tomorrow. If the answer is “no” then you need to say yes to life insurance pronto.
  • Aim for a death benefit that is at least 20 times your loved one’s income needs. Let me be clear, if you are relying on life insurance through work, you do not have anywhere near enough protection. Most employers provide just one year’s income. It sounds like a lot, but it’s not really enough to take care of your loved ones. One year’s salary isn’t going to help pay the mortgage for very long, or help send a five year old to college.

To make sure your loved ones will be okay, I recommend you buy life insurance with a death benefit that is 20 to 25 times the annual income you want to replace. So for example, if you wanted to replace $50,000 in annual income you would buy a policy with a $1 million to $1.25 million death benefit. Why so much? Because your beneficiaries could invest the money conservatively-in municipal bonds for example-and live off of the income for a very long time.

Now I know that sounds expensive, but trust, me I bet you can afford it. Just keep reading.

Buy a term life insurance policy. Most of us only need a life insurance policy for a set period of time. Until the toddlers are adults and supporting themselves. Or until we have time to build up our own assets. Or maybe to insure your elderly parents would be okay if something were to happen to you. In that case, term insurance is the right fit for your needs. Term means that it is good for a set term. That can be one year, or 10 years or 20 years. If you die during the term, your beneficiaries receive the death benefit. After the term, your insurance expires. Because the insurance is not permanent, the cost can very affordable. For example, a 45 year old woman in good health could buy a $1 million level term policy (level means the annual premium never changes) for an annual premium of less than $1,000. That’s less than $85 a month for incredible peace of mind! You can shop online for a term policy at Selectquote.com and Accuqoute.com

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