June 2010

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New VA Disability Form Now Available

There is a new form available for filing VA disability (more properly called compensation) claims. The new form is only six pages, in contrast with the earlier 23-page form.

You can read the
VA press release to get more details.

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.

 



  Suite 1300
  2777 Stemmons Freeway
  Dallas, TX 75207
  (214) 999-9999
  (817) 999-9999
  (800) 989-9999
 

 FOR THE RECORD


Two Texas Auto Insurers Face Investigation Over Huge Number of Complaints
 
Finally, someone seems to have noticed the notoriously bad behavior of two of the worst auto insurance companies in Texas. The Dallas Morning News ran a lengthy story this week detailing the volume and variety of complaints the Texas Department of Insurance has received against Fred Loya and Old American County Mutual insurance companies. The two companies are connected, and Loya is one of the managing general agents for Old American. Sadly, as bad as these two companies are, there are many others only marginally worse. Those just don't seem to have drawn the volume of complaints.

All insurance companies are in business to make money. The way they make money, other than investments, is to take in premiums and to pay out as little as possible when claims are made against their policyholders. Or when claims are made by their policyholders for collision or comprehensive damage. The basic problem reported by the newspaper is that certain insurance companies are much bolder than others in finding creative ways to refuse to accept liability and pay out money.

Most insurance carriers will decline to pay if their own insured refuses to cooperate with them. They say they can't get an accurate version of the accident, and therefore should not have to pay. Some carriers though seem to make this argument in a very large percentage of their claims. This makes you wonder if the carrier has really tried to get the insured to cooperate. Perhaps they sent one letter or made one phone call, and receiving no response, denied liability coverage. Or maybe they never even sent that letter.

Another tactic we frequently see from certain companies is to claim the vehicle was stolen or used without the permission of the owner, and therefore the carrier denies coverage. These companies also almost always claim that the plaintiff was partially at fault in some way, and contributed to the collision. Then they offer to pay only half or perhaps 60% of the total damages.

I hope you never have the misfortune of being involved in an auto collision. But if you are, I especially hope you don't get insult added to injury (literally) by having to deal with one of the bottom-feeding insurance companies like Loya or Old American County Mutual. And while they may be the worst, as measured by consumer complaints, there are plenty of others only marginally better. If you start getting the runaround early in the process, your best bet is to hire a lawyer to fight for you. Otherwise these companies will just grind you down until you're willing to accept almost any offer just to be rid of them.
 

 FOR YOUR INFORMATION
Underwater Foreclosures Growing In D-FW Area

This recent headline in the Dallas Morning News wasn’t referring to foreclosures on underwater houses. The topic was foreclosures on houses where the owner was upside-down or "underwater" on the mortgage. In other words, the owner owed more on the mortgage than the house was worth on the open market. This is similar to having a serious car wreck in a new vehicle — you will frequently owe more on the car note than the vehicle is worth at fair market value. Whether it involves a house or a car, it’s a bad situation to be in.

More than 20 percent of foreclosure listings thus far in 2010 in the Dallas area were for houses with more debt than the appraised tax value. That’s a very large increase from the same period in 2009. This is not only a problem for the homeowner, but also for the lender, who usually cannot resell the house for the amount they have invested in the mortgage and other costs.

According to the newspaper, "Recent studies estimate about 15 percent of all Dallas-area homeowners with mortgages owe more than their house is worth. They either paid too much for the property or, more likely, values have fallen in their neighborhoods due to distressed property sales and high inventories of unsold homes."

 FEATURED EMPLOYEE

Click for color photo

Tressa Gregory
Legal Assistant


E-mail: tgregory@kraftlaw.com

Ms. Gregory is a Dallas native who began her employment with this law firm in 1984 as a receptionist. Ms. Gregory has filled various positions for our firm over the years. She currently works in our Social Security Department as one of the legal assistants helping our clients. Ms. Gregory also deals frequently with the Social Security Administration when our clients have problems getting their benefits paid on time.

 FEATURED CASE
VA Limits Surgeries At Some Hospitals After Deaths

We have represented many veterans in both Social Security disability claims and auto collision cases. Quite a few of those clients received medical treatment for their injuries or disabilities at VA hospitals. That's why a recent decision by the Veterans Affairs Department struck home with us.

Because of an alarming report of deaths during or after surgeries at one VA hospital in Illinois, the Veterans Affairs Department is limiting the types of surgeries performed at some of its hospitals.

The VA has now given each hospital a "surgical complexity" level. Because of that, hospitals in at least five states will now perform only less-complicated surgeries. The hospitals are in Alexandria, Louisiana; Beckley, West Virginia; Fayetteville, North Carolina; Danville, Illinois; and Spokane, Washington.

The Veterans Affairs Department says it will pay for any surgeries that have to be performed at private hospitals because of this new ruling.

Last year, the VA performed more than 357,000 inpatient surgeries. Under the new system, about 250 of those surgeries would have been performed outside the VA.
 

 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries, and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage. Our law firm also represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

Our firm can help you understand your rights under Federal and Texas consumer protection laws and assist you with stopping creditor wrongdoing, obtaining compensation for wrongful acts by creditors, or with correcting your credit report. We can also help you evaluate your options and decide whether a Chapter 7 or Chapter 13 bankruptcy case might be your best option. Most clients can protect all of their property, income, and assets in a bankruptcy case, and obtain the "fresh start" promised by the United States Bankruptcy Code.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is no charge or obligation for that first phone call.

Kraft & Associates is a federally designated Debt Relief Agency under the United States Bankruptcy Code. We assist people with finding solutions to their debt problems including, where appropriate, assisting them with the filing of petitions for relief under the U.S. Bankruptcy Code.


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