Skip to main content

Author: MichaelEhline

Marine Stops Subway Threat CRT v Self-Defense Comparative Analysis

Investigation Continues as Legal Consequences Await

Date: May 6, 2023 – Daniel Penny, a 24-year-old Marine Corps veteran from Queens, has been publicly identified as the individual responsible for the tragic death of Jordan Neely.

“…had a series of run-ins with New York police, a law enforcement source told CNN’s John Miller, including 42 arrests on charges including petty larceny, jumping subway turnstiles, theft, and three unprovoked assaults on women in the subway between 2019 and 2021.” (Source, CNN)

Penny, the Marine, had remained unnamed until online sleuths discovered and revealed his information on Thursday night, prompting the press to follow suit. Authorities had previously refused to disclose his identity, adding to the case’s mystery.

Penny’s attorney, Thomas Kenniff, released a statement on Friday night asserting that Penny acted in self-defense and to protect other passengers after Neely began aggressively threatening them.

“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” said Kenniff.

Kenniff emphasized that Penny had no intention to harm Neely and could not have foreseen his untimely death. The statement also highlighted Neely’s documented history of violent and erratic behavior and drew attention to the mental health crisis in the City. The incident occurred on Monday afternoon aboard an F train, where Penny was captured on video choking Neely.

See the Video Here:

The distressing footage showed Penny tightly gripping Neely’s chin above the neck while another unidentified man held his arms. The conductor and others on the train called for police intervention, and eventually, a bystander warned Penny about the potential consequences of his actions. Penny released what the media incorrectly are calling a choke hold, and Neely, who appeared unconscious, was later pronounced dead at a nearby hospital.

Penny, a West Islip High School graduate, enlisted in the Marines in 2017 and achieved the rank of sergeant before leaving the service in 2021. According to his lawyer, he is currently a college student. People who knew Penny expressed mixed sentiments, with some sympathizing with his circumstances and believing he acted in self-defense, while others mourned Neely’s tragic death.

As the investigation unfolds, the far-left, Soros-connected Manhattan District Attorney’s office is considering potential charges against Penny. The decision of whether to present the case to a grand jury will determine if charges should be brought. Legal experts suggest that based on the available video evidence, charging Penny with murder may be challenging under state law, which requires proving the intention to kill. The press’s irresponsible use of the term “chokehold” is also reminiscent of the political show trial of Rittenhouse.

Charges of second-degree manslaughter or criminally negligent homicide are possibilities if prosecutors can convince a more likely than not all Democrat Grand Jury that Penny was not reasonably acting in self-defense, potentially influenced by cradle-to-grave CRT influences. Their thoughts are unavailable, but their beliefs are why they have Alvin Bragg. To strengthen the case, authorities urge additional witnesses to come forward with firsthand accounts. Their testimonies will be vital in assessing the events and determining the appropriate legal course. The New York Police Department has encouraged anyone who witnessed the attack and has not yet come forward to share any information they may have.

Penny, represented by criminal defense attorney Thomas Kenniff, has not commented. The legal process awaits him as the community and authorities grapple with the tragic loss of Jordan Neely and seek a fair resolution in this distressing case.

Could Political and Racial Bias Against Whites Lead to Another Rittenhouse Situation?

In recent times, discussions surrounding the Critical Race Theory (CRT) narrative and the pro-self-defense argument have garnered significant attention. This has led to passionate debates and diverging perspectives over when a white male can defend himself or others and not be accused of racism, misogyny, etc. CRT, an academic framework that analyzes the influence of race on societal structures, has become a focal point in discussions about systemic inequalities.

Concurrently, concerns about personal safety and the need for self-defense have gained prominence among individuals who fear the consequences of rising crime rates and instances of violence. This article explores these narratives objectively, presenting different viewpoints and encouraging inclusive dialogue, attempting to find common ground and promote understanding.

Our most recent example is New York; subways have become a cesspool of lawlessness. A former US Marine, who happened to be melanated (white male), stopped a violent, black male with a history of convictions for violent crime. Because the Marine is white, the press, BLM, and civil rights attorneys are already sensationalizing this case.

I am also an inactive US Marine. I am an expert in martial arts and have studied judo, BJJ, boxing, and other fighting arts my entire life. I am going to discuss this use of force from a neutral perspective and not assume, as academics do, that this case has anything to do with systemic racism. Having watched the Marine, it was clear that the choke was not deep for most of the hold and that he was trying to restrain the attacker while other passengers held down his arms until help could arrive. No racial slurs were used. The passengers were terrified of this aggressor, and that is why he was taken down. For legal reasons, this should be an open and shut case in virtually any other country or state than NY, DC, or California. Granted, the New York Times is already fueling a racist narrative to besmirch the Marine.

The Marine has no money, so the family is barking up the wrong tree if they think there is money. They can’t sue the City, as the police have zero duty to protect anyone. Their job is to protect the government unless they assume a duty to protect you. Let’s take a look at his known training.

Examining the Use of Rear Naked Chokes in Marine Corps Combat Training to Enhance Self-Defense Skills and Maintain Public Safety

The United States Marine Corps (USMC) is known for its rigorous and comprehensive approach to self-defense training. One technique taught to Marines is the rear naked chokehold, a grappling maneuver that has raised discussions around its efficacy, safety, and potential implications for public safety. This article delves into the use of rear naked chokes in USMC training, exploring their purpose, application, and ongoing debates surrounding their usage.

The rear naked chokehold, a submission hold commonly employed in martial arts and combat sports, is taught to Marines as part of their hand-to-hand combat training. Its primary objective is to quickly and effectively neutralize an opponent by restricting blood flow to the brain, rendering them temporarily unconscious. The technique relies on precision, control, and understanding of the body’s vulnerable points, making it a valuable tool in high-stress situations.

Advocates of including rear naked chokes in USMC training argue that it provides Marines with a non-lethal alternative in scenarios where the use of lethal force may not be warranted. The ability to swiftly subdue an opponent can help prevent escalation and minimize harm to the Marine and the aggressor. Proponents argue that thorough training and strict adherence to protocols ensure the responsible and judicious application of this technique.

However, critics raise concerns regarding the potential risks associated with rear naked chokes, mainly when used outside the controlled training environment. Questions have been raised about the potential for injury, mostly if the technique is not applied correctly or if the recipient’s underlying health conditions make them more susceptible to harm. Critics also caution against the potential misuse of this technique by untrained individuals who lack the necessary knowledge and experience to execute it safely.

In response to these concerns, the USMC prioritizes comprehensive training and emphasizes strict adherence to guidelines and protocols. Marines undergo extensive training under the supervision of qualified instructors who ensure the proper execution and understanding of the technique. Additionally, ongoing assessments and evaluations help maintain proficiency and minimize the risk of injuries during training and real-world encounters.

It is crucial to note that rules of engagement and ethical considerations strictly govern Marines’ use of rear naked chokes. Marines are taught to prioritize de-escalation and to use force judiciously, employing the technique as a last resort when all other options have been exhausted. The focus remains on maintaining public safety while preserving the lives of all individuals involved.

As debates continue around the use of rear naked chokes and other self-defense techniques, ongoing research, expert input, and open dialogue are essential to ensure the responsible application of such methods. Striking a balance between practical self-defense and public safety remains a priority for the USMC, which continually evolves its training programs to adapt to changing circumstances and ethical considerations.

Sources:

  • United States Marine Corps Martial Arts Program Handbook. (n.d.). Retrieved from [link]
  • Grossman, D., & Christensen, L. W. (2004). On Combat: The Psychology and Physiology of Deadly Conflict in War and Peace. PPCT Research Publications.

Based on the video, if you look at a Marine’s forearm, you can see space between the trachea, and at least one jugular is not fully compressed. In any event, the Marine is not a police officer trained in restraint for NY Metro. He is arguing that he killed what he had to eliminate a very violent many, also known to be dangerous to women. These are irrefutable facts. Now, right away, the woke DA and City are looking at this as white on black, so obviously, the white Marine is a racist. Hence, despite letting criminals out of jail, including the one that this Marine just killed, it is systemic racism that caused all of this. CRT guides the City government. So let’s discuss.

Understanding Critical Race Theory

Critical Race Theory (CRT) purports to mimic the framework that originated with the Black Nationalist Movement and crept into legal scholarship. It has since expanded to various disciplines. It examines how race intersects with social structures, power dynamics, and systemic oppression.

CRT proponents argue that racism is not merely a personal belief or action but is deeply embedded in societal institutions and norms. By exploring the intersectionality of race, class, and gender, CRT aims to shed light on how power imbalances perpetuate systemic inequalities. This section provides an overview of CRT’s fundamental principles and perspectives.

Examining the Pro Self-Defense Narrative

The Second Amendment and Individual Rights

The Second Amendment to the United States Constitution guarantees the right of individuals to keep and bear arms. The language of the amendment states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Proponents of the pro-self-defense narrative argue that the Second Amendment enshrines an individual’s inherent right. This section delves into the motivations and arguments behind the pro-self-defense narrative, addressing concerns about personal security and the role of civilians in ensuring public safety.

They argue that the Founding Fathers intended for citizens to have the means to protect themselves, their families, and their property from threats, including acts of violence. The historical context of the Second Amendment provides insights into its interpretation. During the American Revolution, the colonists faced oppression and the threat of tyranny from the British government. The right to bear arms was seen as a fundamental safeguard against potential abuses of power. It served as a means for individuals to protect their liberties and resist oppression.

Court cases have further shaped the interpretation of the Second Amendment. In District of Columbia v. Heller (2008), the Supreme Court held that the Second Amendment protects individuals’ right to possess firearms for self-defense within and outside their homes. This decision affirmed the individual aspect of the right to bear arms, recognizing self-defense as a core purpose of the Second Amendment.

Proponents of the pro-self-defense narrative argue that individuals have a natural right to protect themselves and their loved ones. They assert that the ability to possess firearms provides a sense of security and serves as a deterrent against criminals. They believe responsible gun ownership empowers individuals to take an active role in their safety. Supporters of CRT claim that since our founding fathers were white, the right to self-defense is also racist. Hence, there is no right to defend yourself since it is racist to do so.

Source:

  • Cornell, S., & Gruen, M. (Eds.). (1999). The Second Amendment on Trial: Critical Essays on District of Columbia v. Heller. The University of Massachusetts Press.

2.2 Empowering Individuals through Self-Defense

The pro-self-defense narrative emphasizes the importance of empowering individuals to protect themselves. Supporters argue that self-defense is a fundamental human right that should not be restricted. They believe individuals have the inherent right to defend their lives, property, and loved ones from imminent harm.

Advocates argue that self-defense training and the ability to carry firearms provide individuals with the means to respond effectively to threatening situations. They contend that responsible gun ownership and proper training and education can enhance personal safety and deter potential attackers. By having the tools and skills to defend themselves, individuals can assert their autonomy and take control of their security.

Additionally, proponents of the pro-self-defense narrative highlight the potential benefits of self-defense in reducing crime rates. They argue that an armed and vigilant citizenry can serve as a deterrent to criminals, as they are less likely to target individuals who may be armed and capable of defending themselves. They assert that allowing law-abiding citizens to exercise their right to self-defense can create a safer society.

Source:

  • Lott, J. R. (2013). More Guns, Less Crime: Understanding Crime and Gun Control Laws. University of Chicago Press.

2.3 Addressing Public Safety Concerns

Critics of the pro-self-defense narrative raise concerns regarding public safety and the potential risks associated with widespread gun ownership. They argue that increased access to firearms may lead to more accidents, acts of violence, or misuse of weapons. They point to incidents of gun-related tragedies and claim that stricter regulations are necessary to prevent such incidents.

Gun control advocates emphasize the need for comprehensive background checks, waiting periods, and restrictions on certain types of firearms to ensure that guns do not end up in the wrong hands. They believe that a balanced approach to gun ownership, including responsible gun laws and regulations, is crucial to ensuring public safety while respecting the right to self-defense.

Proponents of the pro-self-defense narrative acknowledge the importance of responsible gun ownership and advocate for proper training and education. They emphasize the need for individuals to be knowledgeable about firearm safety, handling, and storage to prevent accidents and misuse. They also recognize the importance of mental health evaluations and measures to control access to firearms for individuals with a history of violence or mental illness.

Source:

  • Webster, D. W., Vernick, J. S., & Hepburn, L.

Webster, D. W., Vernick, J. S., & Hepburn, L.

(2016). Reducing Gun Violence in America: Informing Policy with Evidence and Analysis. JHU Press.

  1. The Context of Encounter: Psychotic Individuals on Subways – Recognizing Mental Health Challenges

In discussing encounters with psychotic individuals on subways, it is essential to recognize the challenges posed by mental health issues. Psychosis refers to a mental state characterized by a loss of contact with reality, which can manifest in delusions, hallucinations, and disordered thinking. Individuals experiencing psychosis often require appropriate mental health support and treatment.

Here, the decedent,

Mental health disorders, including schizophrenia and bipolar disorder, can contribute to episodes of erratic behavior. These conditions may lead individuals to exhibit unpredictable or disruptive conduct in public spaces, such as subways. It is crucial to approach these situations with empathy and understanding, recognizing that the individuals involved may need psychiatric assistance rather than criminalization.

Source:

3.2 Exploring Factors Contributing to Erratic Behavior

Various factors can contribute to erratic behavior exhibited by individuals with mental health challenges. These factors may include a lack of access to adequate mental health care, medication non-compliance, or the presence of co-occurring substance use disorders. Stressful life events, trauma, or social isolation can also exacerbate symptoms and contribute to disruptive behavior.

It is important to address these underlying factors through comprehensive mental health support systems. Providing accessible and appropriate mental health services, including early intervention programs and community-based resources, can help individuals manage their conditions effectively and reduce the likelihood of disruptive incidents in public spaces.

Source:

  • Kessler, R. C., Angermeyer, M., Anthony, J. C., et al. (2007). Lifetime prevalence and age-of-onset distributions of mental disorders in the World Health Organization’s World Mental Health Survey Initiative. World Psychiatry, 6(3), 168–176.

3.3 Analyzing Perceived Threats and Fear in Public Spaces

Public safety concerns arise when individuals encounter psychotic individuals displaying erratic behavior in public spaces like subways. Recognizing individuals’ subjective experiences and fears in these situations is essential. Individuals may feel threatened or unsafe when confronted with unpredictable behavior, leading to heightened anxiety or fear.

It is essential to approach these concerns with sensitivity and address them through comprehensive strategies that balance safety and compassion. Promoting awareness and education about mental health conditions can help mitigate fears and foster empathy. Additionally, implementing training programs for law enforcement and public transportation staff can equip them with the skills to de-escalate situations involving individuals experiencing mental health crises.

Source:

  • Corrigan, P. W., Morris, S. B., Michaels, P. J., et al. (2012). Challenging the Public Stigma of Mental Illness: A Meta-Analysis of Outcome Studies. Psychiatric Services, 63(10), 963-973.
  1. Comparative Analysis:

Critical Race Theory vs. Pro-Self-Defense

Approaches to Addressing Societal Injustices

Critical Race Theory (CRT) and the pro-self-defense narrative offer distinct approaches to addressing societal injustices, albeit from different perspectives. CRT focuses on systemic racism and the impact of historical and structural factors on marginalized communities. It calls for institutional transformations and challenges the status quo to achieve racial equity and social justice.

In contrast, the pro-self-defense narrative emphasizes individual rights, particularly the right to self-defense, as enshrined in the Second Amendment. It emphasizes personal autonomy.

It values personal autonomy and individuals’ ability to protect themselves and their loved ones from potential threats.

4.2 Emphasizing Collective Action vs. Individual Empowerment

CRT advocates argue that addressing societal injustices requires collective action and systemic change. They do this by silencing anyone they disagree with. They highlight the need for community engagement, policy reform, and challenging systemic structures perpetuating racial disparities. CRT focuses on the interconnectedness of social identities and aims to dismantle oppressive systems such as merit and earning things based on hard work, as hard work is racist. They do this through collective efforts, infiltrating public schools, colleges, and local school boards.

On the other hand, the pro-self-defense narrative emphasizes individual empowerment and personal responsibility. It highlights the role of self-defense as a means for individuals to assert their autonomy and protect themselves. Proponents argue that empowering individuals to defend themselves contributes to overall public safety.

4.3 Balancing Rights and Responsibilities

The debate between CRT and the pro-self-defense narrative raises questions about balancing rights and responsibilities within society. CRT emphasizes the responsibility of institutions to address systemic racism and ensure equity, arguing that individual rights should not overshadow the collective well-being of marginalized communities. Conversely, the pro-self-defense narrative emphasizes the right of individuals to protect themselves but also acknowledges the responsibility of owning firearms. Proponents often advocate for responsible gun ownership, including proper training, background checks, and adherence to laws and regulations.

4.4 Finding Common Ground for Social Justice

Despite their different perspectives, CRT and the pro-self-defense narrative can find common ground in addressing social justice issues. Both recognize the importance of addressing systemic inequalities and advocating for policies that promote safety, equity, and well-being. By engaging in constructive dialogue and understanding the underlying goals of each perspective, it is possible to bridge the gap and work towards comprehensive solutions. This may involve addressing both the faith-based, academic systemic factors contributing to alleged racial disparities and implementing measures to ensure responsible gun ownership that prioritizes public safety over skin color.

Sources:

  • Delgado, R., & Stefancic, J. (2001). Critical race theory: An introduction. NYU Press.
  • Kates, D. B., & Mauser, G. A. (2007). Would Banning Firearms Reduce Murder and Suicide? A Review of International and Some Domestic Evidence. Harvard Journal of Law & Public Policy, 30(2), 649-694.

, who had

Possible Criminal Charges after a Dog Attack

Expect Criminal Charges in Cases Where Dogs Trained to Attack, Injure or Kill People?

Possible Criminal Charges after a Dog AttackMost dog attack cases end up in civil court as money damages lawsuits. Usually, there is a negligence case against the dog’s owners or handlers for wrongful death or serious bodily harm. If not for the inferior training and handling of the animal, no attack would have occurred, so this negligence usually subjects the defendants to a civil lawsuit.

However, in a minority of attacks, the owner could be on the hook for criminal charges like assault, battery, and even mayhem. And this is especially the case when the handler intentionally gets the dog to attack a defenseless person. Most of all, an attack was brought about by past attack training the dog received to indiscriminately harm other people or animals or use the dog as a non-defensive weapon to obtain superiority over innocent people.

What are The Possible Criminal Charges For a Dog Attack?

Charges can vary widely in the aftermath of an attack. At the top of the list is First Degree Murder. California law explicitly bans the use of dogs as a tool of assault. Often the more likely prosecution would come as Second Degree Murder. This would include cases where the death was not premeditated, but the attack happened on purpose and with malice. Most of all, this is the case when the dog attack intends to risk human life.

Furthermore, in cases where the victim does not die but has a missing digit like a fingertip or a mauled face, the dog owner could similarly be prosecuted with a Felony Conviction for Mayhem with Serious Injury under Penal Code Section 203 to 205. So yes, this charge may be filed after severe injuries or disfigurement to another person. Similarly, charges against dog owners can include a felony or a misdemeanor for using the dog as a deadly weapon.

Potential Prison

The accused faces a prison term of between two and four years. However, in less severe cases, the owner can still be charged with either felony or misdemeanor charges for such an attack. This ranges from manslaughter, killing the dog to destroy evidence, failure to produce the dog to police, or hiding the dog’s records.

Evidence

Often, evidence will show a history of the dog or its owner’s violent behavior. Such attacks are all serious and could result in serious jail time. If you believe you or a loved one are the victims of an intentional dog attack, contact the skilled attorneys at Ehline Law. They will get the District Attorney and share information to help bring the evildoers to justice.

Will My Life Insurance Cover My Loved One’s Suicide?

Does life insurance pay for suicide? Let’s find out. Suicide and whether or not it receives coverage depends on the suicide clause and several factors.

Suicide is one of many major national public health issues in the United States. The country has one of the highest suicide rates among wealthy nations. The suicide clause states that if suicide occurs within a specific time frame after the insurance company issued the policy, the insurer will issue a claim denial under most circumstances.

Most policies won’t cover a suicide committed within two years of policy issuance. According to the Center for Disease Control (CDC) National Center for Health Statistics, in 2018, 48,344 recorded suicides were registered, higher than 42,773 in 2014.

What Is Life Insurance Insurance?

Life insurance contracts between an insurance policyholder and an insurer or assurer.

  • The insurer promises to pay a designated beneficiary a sum of money upon the death of an insured person.

So, if you get a life Insurance policy for yourself now, you are the policyholder consumer.

  • The insurer or the assurer is the insurance company.
  • A policyholder typically pays regularly or a lump sum of money, known as a premium.
  • These premiums cover a lot of things depending on the life insurance policy.

What If The Life Insurance Insurance Company Denied Your Claim?

Suicide is prevalent in the United States, and not all life insurance will cover a policyholder paid for just any suicide.

  • What do you know about the life insurance suicide provision of the decedent’s issuing insurance carrier?
  • Does your life or group life cover this wrongful death under its policy obligations provisions?
  • Are you duly insured, or do suicide provisions bar coverage for mental health issues causing self-inflicted wounds where a policyholder commits suicide?

What Types of Death Are Typically Covered by Insurance?

Accidents and those caused by illness are generally covered by life insurance. Most life insurance plans to pay out promptly in cases where the cause of death is clear and there is no specific reason to suspect otherwise.

If, for example, a family member or loved one dies after many years of fighting cancer, the insurance provider will investigate to determine if the death is a covered risk. If anything about your loved one’s passing is unclear, they’ll contact you for further information.

They will seek:

  • A death certificate stating the cause of death.
  • Your loved one’s doctor’s statement.
  • Autopsy report.

Accidental death comes on quickly and unexpectedly, and it is frequently unintended. Although the victim may be of any age, many deaths are unintentional.

Will My Life Insurance Cover My Loved One's Suicide Hero?

Because many wrongful suicides are intended to appear accidental, insurance companies frequently request more information before paying out a claim.

If you are a life insurance beneficiary and your loved one was killed in an automobile accident, you must provide the necessary papers and a police report. Almost all police departments offer these reports for a minimal administrative fee.

Suppose the cause of death was not recorded in a police report, such as a fall from a ladder or slip and fall in the restroom. In that case, the medical examiner’s conclusion that the death was unintentional is usually enough to satisfy standards.

What Types of Death Are Not Typically Covered By Insurance?

Natural deaths are not necessarily covered by insurance; their causes are sometimes referred to as unnatural deaths. The case’s specific circumstances generally determine the amount of money given.

Most insurance companies demand police reports before paying for a life insurance policy if a person’s death is declared a homicide. Most life insurance firms are more conservative in their evaluation of suicide claims than other types of losses. If the death is deemed a homicide, whether or not the policy pays out is determined by the terms of the coverage, how long the plan has been in force, and whether an insurance company reasonably suspects fraud or other misconduct when the coverage was purchased.

It’s possible that a person who was previously thinking of suicide took out a significant policy and waited until the expiration date to take their own life. If evidence of this type appears during the claim process, your insurance company may refuse payment and eventually offer only a limited settlement to avoid litigation. You could be forced to hire a lawyer to represent you in this case.

What Is A Life Insurance Suicide Clause?

A suicide clause is usually a forced two to three-year waiting period after purchasing a life insurance policy. Upon the policyholder’s death, the claim will undergo investigation for a breach, including suicidal death. Once these clauses expire, however, beneficiaries may receive the death benefit left to them by the policyholder.

What Is An Incontestability Clause?

The contestability clause usually applies during the first two years of a purchased policy benefit. This clause contains coverages and exclusions surrounding a policyholder’s death. (Source: Paul Graham, senior vice president of insurance regulation, acting chief actuary – American Council of Life Insurers).

Insurers can deny claims for many reasons, including:

  • Suicide.
  • Doing an illegal act.

The contestability and suicide clauses should be covered as long as they expire. Once incontestable, only serious infractions may qualify for bar coverage. The exclusion period resumes when the insured person amends or updates their policy.

It is essential to know your insurance coverage. When filling out your life insurance application, it would be best to ask your insurance agent to explain the insurance product. That and some legal research here should help you understand the applicable insurance policy benefits.

Other Types of Life Insurance

There are generally two categories of life insurance:

  • Term life.
  • Permanent life.

Term life, also known as pure life, guarantees payment of a stated death benefit if the covered person dies during a specified term.

Permanent life (aka whole life) is an umbrella term for an insurance contract that does not expire. (combines a death benefit and savings portion).

Do Whole Life And Term Life Insurance Cover Suicide?

Maybe. In many cases, term life insurance policies and whole-life policies can cover a suicidal death. However, like most life insurance policies, their contestability suicide clauses provision must expire. (typically two years).

Otherwise, a person who took their own life shall not benefit the named beneficiary fighting a denied life insurance claim.

Do All Life Insurance Policies Have Suicide Exclusions?

No. Although suicide coverage may be provided at some point, many policies have special provisions limiting the payment of benefits in those cases.

Under a suicide provision, some life policies, including group life (discussed below), only receive a death benefit. The remainder of the policy’s cash value gets forfeited to the insurance company.

Why Insurance?

The insurance industry exists to protect consumers from unwanted events, including death, in exchange for purchased coverage. Intentional acts are typically excluded from coverage by an insurance company as a matter of public policy. Suicide prevention may be a policy benefit to promote awareness of suicide exclusion clauses. In many locales, that’s how life insurance payouts work.

Intentional Acts & Public Policy

There is a risk that some people might purchase coverage from the life insurance company to end their existence to benefit their beneficiaries.

Insurance companies don’t want to create financial incentives for people to take their own lives or pay someone. Because of this, many life insurance policies have a suicide clause, also known as a suicide provision.

Exceptions for Suicidal Death

Suicide is never an easy decision to make. But suicide won’t always prevent a life insurance payment. If, for example, your loved one held a life insurance policy for many years before succumbing to a terminal illness and evidence suggests that the disease caused their suicide, the insurance company may accept your claim request without much pushback.

What About Supplemental Life Insurance?

Many individual life insurance policies fail to contain general contestability and suicide clauses, but some do have a clause denying payment when the insured dies this way.

What Is Employee Group Life Insurance?

Private employees can often purchase group life insurance through their employer’s insurance carriers. Depending on the situation, if a decedent covered under a group policy commits suicide, their beneficiary may only recover the death benefit, losing the remaining cash value an accident death would usually indemnify.

Death Benefits Versus Cash Value

The life cash value generally remains more excellent than the death benefit stated in the policy. Almost all these life insurance policies, with some exceptions, provide benefits for different types of fatalities.

To summarize, a policy’s cash value is equal to the total amount of premiums paid into the plan and insurance expenses. When natural or unavoidable circumstances cause a death, plans often pay out the cash value.

When an individual’s life insurance coverage ends prematurely or after a fatal accident, the entire cash value is generally paid out; however, the remainder is forfeit to the insurer. This varies by the type of insurance coverage held.

The insured employer’s human resources department can tell you whether or not the policy pays. Often, mental illness, drugs, and alcohol use may bar coverage. It all comes down to the specific terms of the ranges and exclusions.

A supplementary life insurance policy that employees purchase treats suicide similarly to individual policies, relying on a suicide or “contestability clause.”

Contestability Clause Defined?

A suicide or contestability clause is included in many supplemental life contracts. So when is suicide coverage afforded here?

In this example, life insurers won’t pay benefits if a policyholder commits suicide within two years of purchasing life insurance. The death benefit will usually be honored based on the insurer’s then-current criteria.

What About Military Life?

Veterans and military personnel who qualify for life insurance through Veterans Affairs are usually protected if they commit suicide.

Does Renters Insurance Cover Suicide?

Life insurance is not typically covered by renters insurance. However, some creative attorneys may make a suicide wrongful death claim for coverage.

On the other hand, a clause prohibiting reimbursement for death by natural causes will almost certainly be upheld by courts or another insurance regulation/law.

Process of Getting a Life Insurance Policy

Before a policy is issued, a life insurance company will analyze your physical and mental health with its investigation. This period is part of the insurer underwriting process and will include several questions regarding your current and past health.

How Do Insurance Payouts Work for Suicide?

The benefactor’s policy is generally incontestable after two to three years of purchase. But if the suicide happens for two to three years, many insurance companies won’t pay.

What To Do if Your Claim is Denied?

Did your insurer deny or contest your claim? How do you go about it? It is important to note that insurers always go to law enforcement and medical experts for circumstances around death, whether accidental or doctor-assisted suicide.

In this case, the insurer starts its investigation on the cause of death, and they will provide or seek evidence, including:

  • Death certificate
  • Autopsy
  • Any history of drug abuse
  • Conversations with family members
  • A suicide note.

According to state laws, the family might contest negative findings with legal action during the claimed contestability period.

Policyholders who misrepresented a condition or mental health data on their insurance applications leave a wide opening for an insurer to contest any claim.

These agents may argue fraud, deceit, and misrepresentation to avoid making policy payouts. It can be very devastating for the surviving family.

We Help Find Suicide Coverage

A beneficiary must receive sound legal advice from lawyers who can help against the insurance company. Let our experienced attorneys help you get the same death benefit, even if it is an individual life insurance policy from the life insurers.

We help people get their premiums paid under the laws protecting typically in California and California Colorado districts. It would help if you had actual legal experts that can only be found at Ehline Law Firm Personal Injury Attorneys, APLC.

We offer our hands to help you get legal assistance today by providing a free evaluation and case review. We can help you receive compensation and make other financial decisions when a policyholder dies by suicide.

Our partner’s and team members’ objective is to compensate you for your fully earned payments. Our organization will seek to pay you whether the excluded contestability clause expires or the excluded period remains in effect for all insurance products providing death benefits. Call us for confidential support to disclose a summary of your case today at (213) 596-9642.

Common Dog Injuries After a Dog Attack | ehlinelaw.com

What Are Some Typical Injuries Following a Dog Attack?

Common Dog Injuries After a Dog Attack No two dog attacks are the same. Unfortunately, depending on the circumstances of the attack, the results could vary from a slight scratch to life-threatening. By understanding more about the types of injuries common after dog attacks, we can better treat them. Below is a list of some of the most common mental and physical damages caused by dog attacks.

Injury Types and Effects

  • Infection is common among all types of dog attacks, including bites and scratches. It occurs due to incidents with large and small dogs alike. Infections can cause severe issues at the site and potentially serious illnesses such as rabies.
  • Abrasions. This is among the most minor damaging types of injuries caused by animal attacks. Grazes and removing the top layers of skin can cause scarring but are usually treatable.
  • Lacerations include cuts and tears in skin and tissue. They can be severe and lead to infection and scarring.
  • Incisions. The dog’s claws or teeth commonly cause these and lead to lacerations or puncture wounds.
  • Puncture wounds. These are most likely to cause infection and can dig into a person’s muscle or bone.
  • Avulsion. This type of injury can involve skin or muscle torn away from the rest of the body. Sometimes, fingers or toes may be ripped or bit off.
  • Crush Injuries. This is caused by the powerful bite force of the dog, which can include severe bleeding, soft tissue damage, lacerations, or even bone fractures.
  • Fractures. Bones are not uncommonly broken or fragmented due to the effects of a dog’s attack. Larger dogs can push a person to the ground, breaking wrists, knees, elbows, and skulls. The injuries can include complete fractures, linear fractures running along the bone, or an open fracture when a bone is exposed to open air.
  • PTSD. Post Traumatic Stress Disorder, or PTSD, is a severe mental illness that a dog attack can bring on. Gruesome injuries and memories of the canine’s vicious, unrelenting attack can harm a person for life.

Life Following a Severe Dog Bite Injury

Recovery may be extended, painful, and difficult after a dog bite injury. All of the injuries listed above may cause severe scarring and disfigurement. Reach out to the trusted advisors at the Ehline Law Firm APLC for more information about paying for mental and physical therapy or any other type of support.

Pursuing a Wrongful Death Claim: What Records Are Needed for Evidence?

Losing a loved one due to someone else’s negligence is an incredibly traumatic experience. In such cases, filing a wrongful death lawsuit or a claim can provide some form of closure and financial compensation for the surviving family members.

However, pursuing a wrongful death claim can be challenging and requires sufficient evidence to prove the defendant’s liability. This evidence typically includes various records that can help establish the cause of death, the extent of damages, and the defendant’s responsibility.

Ehline Law and our wrongful death attorneys have worked with surviving family members since 2005, protecting their rights and fighting for the compensation they deserve. Here, we will go over the physical evidence you may have to submit following the victim’s death when pursuing a wrongful death case.

Filing a Wrongful Death Claim: What Records Are Needed for Evidence?

The types of physical evidence required in a wrongful death lawsuit or a claim may vary depending on the circumstances of the case. However, some of the most common records that surviving family members may have to submit in a wrongful death claim include the following.

Death Certificate

A death certificate is necessary to confirm the cause of the victim’s death and the date and time of death. It is also essential to have this document to prove the legal status of the decedent.

Medical Records

Medical records are the most critical evidence submitted in any wrongful death claim, as they can provide proof of the deceased’s injuries or illnesses and any medical treatment they received before their death. 

Medical records are crucial in assessing the total medical expenses incurred by the deceased before their death and assist in evaluating the value of the wrongful death claim.

An experienced wrongful death attorney can also use medical records to build a solid wrongful death claim, linking the decedent’s injuries and death to the defendant’s negligence.

Police Reports

When an accident occurs, and the police reach the incident site, they investigate and write a police report. 

A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer’s opinion), witness statements, and other evidence.

Autopsy Reports

In wrongful death cases where the cause of death is more difficult to determine, an autopsy report is an important document that may provide insight into how the decedent died. 

For example, a toxicology report can provide proof of a prescription mistake or medical error, which is essential in a medical malpractice case that other reports may be unable to tell. 

Witness Statements

Statements from witnesses present during the incident can help establish the events leading up to the death. Witness statements can be valuable evidence in a wrongful death claim, as they can provide firsthand accounts of what happened.

Employment Records

If the deceased worked before their death, their employment records could help establish lost wages and potential future earnings.

Financial Records

A pay stub is also an important document that can establish how much the decedent made before their death and the loss of future expected earnings. 

Pay stubs are essential, especially if the decedent had dependents who relied on them financially. It can help calculate the financial losses that surviving family members can factor into their wrongful death claims.

Photos and Videos

A picture is worth a thousand words, which is why photos can help provide visual evidence of the cause of the accident, the injuries sustained by the victim before death, and other essential visuals that can assist in establishing the defendant’s negligence.

Videos from traffic cameras and CCTV surveillance cameras taken from different angles can help build a compelling wrongful death claim.

Insurance policies

Insurance policies, such as life insurance or accidental death and dismemberment (AD&D) insurance, can help establish the compensation available to the deceased’s family.

Working with an experienced wrongful death attorney is crucial. They help gather and evaluate the evidence needed to build a strong case. An attorney can also help determine which records may be relevant to the case’s specific circumstances and can help obtain all necessary documentation.

How Can Ehline Law Wrongful Death Lawyer Help Surviving Family Members with Wrongful Death Claims?

Proving wrongful death claims can be overwhelming and emotional. However, our experienced wrongful death attorney can guide you through the legal process and help you understand the elements required for a successful case.

Whether it is a medical malpractice case or any other wrongful death suit, our reputable wrongful death attorney can investigate and gather evidence (death certificate, police and autopsy reports, CCTV footage, and other documents) to prove the wrongful death claim and establish the defendant’s liability.

One of the most challenging parts of a wrongful death claim is determining the value of the damages incurred by the surviving family members. We can help assess the damages and calculate the financial losses, such as lost wages, medical expenses, funeral expenses, and the loss of companionship and support.

Our wrongful death attorney can guide and support the surviving family members throughout the legal process, protecting their rights and fighting for fair compensation for their loss. 

Ehline Law can handle the insurance company and negotiate a settlement on your behalf. If the insurance company fails to settle, we can take the matter to court and get you the justice and compensation you deserve.

Schedule a Free Consultation with Ehline Law

If you’ve lost a loved one due to another’s negligence, contact us at (833) LETS-SUE for a free consultation with our experienced wrongful death attorneys. We can help identify the liable party, gather evidence to prove the defendant’s liability and pursue maximum compensation for your loss.