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Ortiz Law Firm | National Disability Law Firm
Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.
The stages of a personal injury claim include: Don’t be scared by the Florida legal system; it can result in your failing to advocate for your rights. Remember, the system is there to look after your essential rights – something a Pensacola personal injury lawyer can also help with. Most personal injury cases have three …
If negotiation has not worked to get a fair resolutions for an injury claim, the next step is to turn to Florida’s civil courts for relief. Here, we present a basic overview of the different stages of a typical personal injury case, and we highlight some additional information about each stage. The Lawsuit: A Complaint …
Traumatic injury is a term which refers to physical injuries with sudden onset and severity which require immediate medical attention. The bodily insult may cause systemic shock called “shock trauma”, and may require immediate resuscitation and medical interventions to save life and limb. Traumatic injuries are caused by a wide variety of blunt, …
According to the U.S. Centers for Disease Control and Prevention: Dog Bite-Related Injuries That May Require Medical Attention Bites: Bite injuries include puncture wounds and tearing wounds, which are caused when the attacking dog clamps down on the victim. The jaw muscles and fangs (long canine teeth) puncture and tear the skin and flesh of …
Getting a successful insurance settlement or jury verdict in a tractor-trailer trucking accident case requires detailed knowledge of both State and Federal rules and regulations. Florida Statutes, Section 316.302 and Section 316.70, detail the State of Florida’s safety requirements that apply to the operation of commercial vehicles on the public …
Truck accident injuries are similar to car accident injuries; however, due to the huge difference in size between large commercial trucks and smaller cars, there is a greater likelihood of more serious injuries and even death. Unfortunately, passenger vehicles such as cars, SUVs, pickup trucks and even motorcycles typically bear the brunt of the …
Most people think motorcycle accidents always involve the biker being hit by another larger vehicle, which is what most often happens, but is not always the case. Some motorcycle accidents occur without an impact from another automobile. Usually in these cases, the biker tries to avoid a collision by laying the bike down. This action …
In other sections of this website, we have addressed the most common injuries from car accidents, including amputations or the loss of one or more limbs; broken bones; burn injuries; back, neck, and spinal injuries; cuts and lacerations; and head and brain injuries. Here we discuss other injuries one may suffer in an accident, which …
If you are injured in a car accident, you will need supporting evidence to prove your case. There are many different ways that you can prove who was at fault in the accident, and you must have this evidence if you want to be able to receive compensation for your losses. A personal injury lawyer …
Head On Collisions Head-on accidents most commonly occur at the intersections of roads and streets and on freeways. Head-on collisions only account for approximately two (2%) percent of all accidents; however, they cause approximately 10% of all car accident fatalities. Head-on collisions on the highway/freeway are especially dangerous because of …
The Ortiz Law Firm Handles All Types of Car Accident Cases Mr. Ortiz has been handling car accident cases for over a decade, and as a Florida personal injury attorney he has experience in handling all types of car accidents. From hit-and-run accidents to multi-vehicle crashes, Mr. Ortiz has helped his clients recover the money …
As companies like Uber, Lyft, and Sidecar are growing more popular and beginning to replace taxi companies, it is important to understand how insurance coverage works when a ride-sharing company is involved so that you can protect yourself in the event of an accident. Although similar in many ways, each company has a different insurance …
As an experienced Florida disability attorney who has handled thousands of complex disability cases since 2005, I am continually amazed that many lawyers still have not abandoned what I consider to be the dinosaur of billing method – the billable hourly rate. Why Would You Hire An Attorney At An Outrageous Hourly Fee When You …
MetLife forwarded responses from Santana’s treating physicians to Dr. Simon, an “independent physician,” who reviewed them and concluded that the MRI was normal for a person of Santana’s age and that Santana had still failed to submit clinical evidence showing that he had either radiculopathy or any limitations due to neuropathy. By a letter dated …
None of Liberty’s arguments persuade the Court that denying long-term disability benefits to Ms. Rouleau is appropriate. The preponderance of the evidence – indeed, the great weight of the evidence – reflects that Ms. Rouleau remained “disabled” as the Policy defines it even after the expiration of the “own occupation” period and is therefore …
Drew A. Carson (“Carson”) was an attorney employed by Miller Goler Faeges LLP. Through his employment, he was covered by a long-term disability benefits plan which was administered by Unum Life Insurance Company of America (“Unum”). The plan explained that: “‘Disability’ and ‘disabled’ mean that because of injury or sickness: Further, proof …
The COVID-19 pandemic has brought unprecedented changes to every aspect of our lives. One area that is seeing dramatic changes is the healthcare industry. Hospitals have become trauma centers, and doctor’s offices have been overrun with patients experiencing COVID-19 symptoms. Many people are avoiding these areas for fear of contracting the virus. …
The case summarized here involves Damon Zaeske (“Zaeske”), who was a project manager employed by Walmart. He ceased working on April 4, 2014, as a result of chronic back pain. Walmart’s insurance plan was underwritten by Liberty Life Assurance Company of Boston (“Liberty Life”); Zaeske applied for long-term disability (LTD) …
In Mozdzierz v. Aetna Life Insurance Company, the plaintiff (claimant) seeks long-term disability benefits from Aetna, the insurer of his ERISA-governed long-term disability plan. The Federal District Court (for the Eastern District of Pennsylvania) found that Aetna did not abuse its discretion in denying plaintiff’s …
A fast-growing lawsuit in the Eastern District of Pennsylvania has been filed against the NFL by nearly 4,000 former football players. They claim that the NFL “propagated its own industry-funded and falsified research to support its position” that athletes cannot receive long-term brain damage from playing football. The league’s highest medical …
The Court granted Plaintiff’s Motion for Summary Judgment: “As explained above, I have identified three primary reasons for determining that Aetna abused its discretion in denying Plaintiff’s benefits: Inappropriate reliance on unreliable findings by Drs. Topper, McPhee, and Polanco; failure to address Plaintiff’s qualifications and ability to …
In granting summary judgment for MetLife, the district court reasoned that when Sumpter became disabled, Delphi’s plan did not provide the benefit he sought and that he was not entitled to equitable relief. The U.S. Court of Appeals for the Seventh Circuit upheld this decision.
In this case, the plaintiff noted that the Policy’s states that “‘Proof’ means the evidence in support of a claim for benefits and includes, but is not limited to, the following.” Plaintiff thus argued that, while objective medical evidence may be sufficient to support a disability claim, it was not necessary to do so.
A court must take into consideration the conflict of interest inherent in a benefits system in which the entity that pays the long-term disability benefits maintains discretionary control over the ultimate benefits decision. This is done by weighing the structural conflict as one of the many factors relevant to the benefits …