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Cancer May Cause Health Problems


Nobody can imagine what it feels like to hear the doctor utter those horrible words. “You have cancer.” A flood of thoughts go through your mind about what that means. The first and foremost concern is surviving. At this point, no specialist and no therapy is too expensive or out of the question. The doctor then explains the recommended treatment that the doctor explains. It will be a long, long road that you not only are willing to make, but that you really have no choice to make, either.

The reality of the situation often does not contemplate the economic costs because those are simply not important. However, as survival becomes certain so does the reality of the economic impact. A group called the Hutchinson Institute for Cancer authored a study recently published that showed several intersecting results. A person with cancer is more than 2.5 times more likely to file bankruptcy. 4,408 people diagnosed with cancer filed bankruptcy.

The reasons are both obvious and not so obvious. The obvious reason is that there are so many costs that are not covered by insurance. Even if everything was covered, the co-pays can be in the thousands of dollars. The non-obvious reasons include the inability to work during the treatment and the loss of a productive member of the household.

When a person is ill, they cannot do the “normal” functions whether it is housework, yard work, car maintenance, or taking the kids to school. The other spouse has to pick up those activities, but they are often reduced to being full time care giver and chauffer in addition to trying to keep the family supplied with income. Things around the house that used to be done on a shared basis no longer can be accomplished. Often, the family has to hire help to either be a nurse, yard worker, mechanic, etc. These things all take huge sums of money.

When the treatment is over, the reality of debt soaks in. It is not at all uncommon for a cancer survivor to emerge with over $100,000 in medical debt. That is a non-survivable amount of debt without help. Fortunately, our country just has provided a safety valve that takes care of such horrible situations. We have the ability to file bankruptcy to shed ourselves of that debt which we did not have any control of.

If you are faced with too much old debt, bankruptcy can be used to help you also become more lean and efficient. It can help you begin setting money aside for the children’s education and future. If you are in this situation, book an appointment with a skilled bankruptcy attorney. At Bailey & Galyen we would like to help you achieve your new future.

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LOSER WHO PAYS IS A LOSER

The new tort reform banners proclaim that plaintiffs who lose civil trials should pay the attorneys fees and costs of the defendant. Mind you, they do not advocate that losing defendants also pay the winning plaintiffs attorneys fees and costs. The one way, loser pays street is a sure dead end for justice and access to the courthouse.

A one way loser pays law would do nothing more than prevent individuals and small business owners from redressing civil wrongs in the courts. The risk of having to pay the other side’ss enormous legal fees and costs will prevent them for standing up for themselves. Sadly, that is exactly what loser pays laws are designed to do.

Loser pays severely harms small businesses by preventing them from filing lawsuits on past due accounts, breached contracts, partnership disputes, and the like. Unlike wealthy corporations, small business will not be able to afford the risk of losing at trial.

The fact is that taking a case to trial is no sure thing, not even for the best case. Lawyers cannot predict with any certainty whatsoever what a jury will do in any given case. Cases that were soundly based on the facts and the law are frequently lost in jury trials. The reason: The enormous amount of undue influence placed on Americans by tort reform groups, political candidates, corporations, and the like. Americans have been inundated with trial lawyer bashing and anti-plaintiff/anti-lawsuit rhetoric, little of which has any truth and are nothing more than wild, cleverly crafted stories.

When these very same Americans are called for jury duty, this undue influence that uses fear and threats to change public opinion morphs into jury tampering. Jurors bring to the courthouse and jury box their fears of doctors leaving the state if damages are not capped in malpractice cases, the cost of consumer goods rising from frivolous lawsuits, teachers quitting if parents are allowed to sue them (which cannot be done, anyway), the lose of jobs from lawsuits, and much more.

So when your state legislators seek to pass laws that make the losers pay the winner’s legal fees and costs, see if for what it is: Corporate immunity. When corporate America wins, Americans’™ access to the courthouse is blocked and we all loose.

In 30 years I have never filed a frivolous lawsuit, nor do I know any other trial lawyer who has. The reason is simple. It costs hundreds of dollars for the filing fees alone, followed by tens of thousands of dollars in costs for pre-trial preparation and trial and years of the attorneys’™ and their support staffs’ time and efforts.