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      29 Dec 2010

      Financial Recovery from Catastropic Illness

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      If you or a loved one has had a major illness, you may find that you have a confusing array of medical bills left after the illness. Getting the paperwork organized so that you know what you are dealing with will help reduce the stress.

       

      Here are steps that you should take to regain control:

       

      1. Organize your bills.  Get control of the paperwork by grouping the bills in a way that makes sense to you, for instance, by in-patient facility, health care provider or by month.  Get folders and label them so that you can easily see what is in each folder.
      2. Organize your payment information.  Gather information from your checkbook, cash receipts, or credit cards so that you will know what has been paid, to whom, and when.
      3. If you have insurance, collect your EOB (explanation of benefits) documents and put them in order. You can either put them in date order or put each document next to the medical bills that correspond to them.
      4. Audit the medical bills.  Check to be certain that you have been given credit for any payments made. Make sure that the health care provider has given you credit for any participating plan reductions ("negotiated or allowed" amount of fee).  Do this by comparing your payment information and EOBs to the medical bills. 
      5. If you have been an inpatient in a facility, be sure to ask for an itemized bill.  Audit the bill for accurate dates or double charges, and ask questions if you don’t understand a charge. Remember, unintentional mistakes are made, even with computer-generated bills.
      6. If you have insurance, make sure that you are getting the benefits that your plan entitles you to have. For instance, if you see that you have been billed a higher co-payment for being “out of network”, but you don’t believe that is accurate, call and speak with your insurance company.  In some situations, you may be able to have the charges reconsidered and paid at a higher rater (for instance, if it was an emergency or if there was not an in-network provider available).
      7. Talk with the hospital or provider to inform them of the “big picture”.  If you have several thousand dollars in medical bills because of a catastrophic illness you may be able to receive a reduction in the bills or a payment plan.  Some facilities have specific guidelines for situations in which there has been a catastrophic illness, or there is little or no insurance coverage.  Telling your story and sending small regular payments may prevent your bills from going to a collection company.
      8. If you are the surviving spouse and are looking at “last illness” bills, you may want to have a legal consult. A probate attorney can assist you by helping you plan how to pay the bills and manage the funds of the estate.
      9. Seek professional assistance from an attorney if you need help with understanding your insurance contract, debtor/creditor law, formulating a plan for paying your debts or other legal aspects of your situation.
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      18 Dec 2010

      Should I Sign This? The Woodlands Texas Law Blog

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      We get a lot of inquiries from potential clients wondering if they should sign a document.   The most common documents in question are “Waivers of citation”, Final Divorce Decrees, Settlement offers, Paperwork in Attorney General Child Support Cases, leases, modifications of contracts and sales agreements.

       

      First of all, if you don’t totally and completely understand the document and everything in it, the answer is NO.  At least not until you can do some research on your own, consult with someone who has the knowledge to help you, or get a written clarification of the terms.


      If a document of any kind is ambiguous, you should not sign it as it is written.   Any document with terms that are subject to two or more meanings can cause trouble later!  And it may be expensive trouble!

       

      If the document that you are wondering about is part of a lawsuit of ANY kind, signing it can have long-term effects. For instance, some settlement agreements are binding.  In these cases, you should be sure that what you are agreeing to is what you can live with forever or for many years, especially if the case involves divorce, custody, visitation, or child support.

       

      Sales agreements and service contracts of any kind need to be read carefully.   You should pay special attention to sections that relate to canceling the contract, default, and contract term.   Many contracts are very one-sided.  Merely “skimming” over the terms that relate to “trouble” down the line isn’t good enough.   You should know what would happen if things don’t work out as planned. 


      Having a legal consult can save you a lot of time, money and tears later on.  Get it straight from the beginning.   The time to consult an attorney is before you sign something that you shouldn’t have agreed to.   The attorney will need to review the document thoroughly; just hearing about it briefly by phone or email is not enough to advise you properly.

       

      Don’t give away your bargaining power by being passive and not looking out for yourself! 

       

      Kalish Law Office

      www.kalishlawtexas.com

       

      Kalish Law Office has been serving businesses and families in The Woodlands and in Houston, Conroe, Spring, and surrounding areas for over 26 years. Contact us by calling

      281-363-3700  or email us at Inquiries@kalishlawtexas.com

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      27 May 2010

      Can I Get Out of This Contract?

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      There are times when one party to a contract may want to terminate it.

       

      This is a general list of what to look for when you are trying to determine whether you can or should terminate a contract.  This list is very general, and is not specific to any one particular type of contract. 

       

      1.  How long is the contract term?   Look and see how long you have left on the contract.  If the initial term has run out, check the contract to see if you are now considered to have automatically renewed for a specific period or if you are now considered “month-to-month.”  Analyze what you will spend (in money, time, and energy) by staying in the contract.

       

      2. What notice must be given?   Some contracts specify how notice must be given (for instance, in writing and by certified mail and addressed in a particular way).  Verbal notice alone may not be legally sufficient to cancel or terminate the contract.  Mere words are subject to interpretation and won’t give you the proof you need.  Witnesses to a conversation may later prove to be unreliable, unbelievable, or biased. .

       

      3.  What will happen if there is a major disagreement ?   Before you get into an adversarial position with the other party, be sure to check out what could happen.  For instance, some contracts specify that the parties must go to binding arbitration.   The contract may specify that any lawsuit must be filed in a particular county or state.  There may be provisions regarding who will pay attorneys fees and court costs.  You will want to know all of your risks before escalating the situation.

       

      4. Has anyone violated the contract yet?  Even if the other party has violated the contract in some way, you may not have the right to terminate it or stop performing.  You are more likely to be successful in pressing your position (especially in court) if you have “clean hands” and have lived up to your end of the bargain.  If you have already violated the contract in some way that you thought was forgiven, you may find that issue resurrected.

       

      5. Remember to pay attention to the specific laws that relate to your contract.   There are certain specific and sometimes unique laws that relate to each of the following contracts and transactions: real estate contracts, mobile homes sales, applications for consumer credit cards, employment contracts, and contracts for the purchase of a vehicle.   In some purchases you may have a “cooling off” period that is either written into the contract or determined by state law.   You must gather information about the specific laws that relate to your contract. 

       

       

      Despite all these warnings, there are times when you need to cut your losses.  Whether or not that is right for you is a specific question that must be answered based on the facts of the case, the particular area of law, and financial and practical considerations.

       

      You should always keep a copy of any contract that you sign.  If there is a dispute, don’t act impulsively.  Get your paperwork out, review it and gather your facts. Seek counsel from an attorney before doing anything you regret. Make sure you understand the risks and benefits of  any action that you take.

       

       

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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