insurance question

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ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 5:20 PM (GMT -7)   
Thank you all for all the advice and the welcome...
 
and all the great tips and advice....im posting a question on a new topic bout insurance and lawyers so any with any advice i would be totaly greatful....thanks so much
 
ladyred

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 5:37 PM (GMT -7)   
Thank you all for all the advice and the welcome...
 
It has been a relief to know that there is somewhere to go with all these questions....i think the worst is not having an idea at this point of what i am dealing with as far as the pain goes...all i know is that im in pain and the docs have been giving me the run round...dealing with my family that i feel like there looking at me like im either faking or exagratting...they cant understand why im not up and bout when the mri doesnt show anything on my lower back...but here i am not being able to sit on my arse for more than bout 20 mins without being in extreme pain...which then kicks in the mussle spasms and then im back on the couch and pain killers for hours or days just for sitting on my but then theres the neck and no comfy spot to just relieve any of the pain...
 
sorry for venting just very frustrated with all this...i have been outa work for goin on 3 weeks now have my lawyer telling me that there is nothing they can do intil my case is settled and they dont know when that will be as i dont know what is the matter with me and how long the recovery will be...
 
 
I do have a question though bout the insurance...im an independant contracter and account manager for a circlation company for the local news paper here in charleston sc ...i didnt have health insurance when i had the accident but she had insurance on her car...i was able to get the state insurance for emergancy as i have been unable to work....which i am so greatful for as i dont have much money for any out or pocket expenses...
 
my question to you all is what am i intittled to from her insurance as far as help with any of this intil my case is settled...as of right now im pretty much bed ridden and cant get up to much of anything.....and when i do i pay the price for it....and am out that night and into the next day just in agony...i have a docs not to be off work till next week but im still not able to sit for any period of time with out having terrible pain in my back and neck...
 
my bills are piling up and i dont know what to do bout getting them paid...im engaged but my fiance is in scotland and we are waiting on immagration visa to get married but he cant come over till we are aproved....
 
my ex came and picked up the kids the other day and will have them for another 2 weeks and then they are back for school....as of right now i can barely take care of myself let alone anyone else...
 
im very worried about how i am gonna take care of them when they come home pay my bills and so far i havent gotten much answers from my lawyer he just telling me that he doesnt know and if i can go to work then go but i cant even get up grrrrrrrrrrr its like a circle thats just getting smaller and smaller and i dont know what to do to help myslef to get out of this and provide for my family....
 
any help would be great if any one has been there and has any advise on how to proceed with this...i know i need to get some control back in my life just dont know where to start

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 5:38 PM (GMT -7)   
sorry for all the double topics lol pain meds are messing with my head and cant seem to get it all in the right place...thanks all

sjkly
Veteran Member


Date Joined Dec 2007
Total Posts : 2113
   Posted 7/26/2008 5:50 PM (GMT -7)   
Generally you are entitled to all medical expenses (including physical therapy), lost wages, and pain and suffering. They will try to get away with paying less and will offer to settle. Their first settlement offer will probably be ridiculous.

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 6:03 PM (GMT -7)   
ok so what am i intittled to in the mean time as far as being able to pay my bills and by food as i am not working i will loose eveything if i dont get some help befor this is all said and done im already a month behind at this point...is there anything i can do to get help

PAlady
Veteran Member


Date Joined Nov 2007
Total Posts : 6795
   Posted 7/26/2008 6:41 PM (GMT -7)   
Lady,
I think I read you were in Canada. So I really don't know how the laws work there. When I was hit from behind several years ago (I was also stopped, but there was another car between me and the truck that hit so I didn't get the worst of it) the person's auto insurance picked up my medical expenses right away. I was foolish and didn't get a lawyer, but then I didn't have many injuries - and the few aches and pains were help with physical therapy (which they paid for). I think you need to press your attorney more to see if you can recoup medical expenses and lost wages independent of any settlement for injuries. It's really going to be all about what the laws and regulations there say.

PaLady

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 7:44 PM (GMT -7)   
thanks palady i live in south carolina in charleston....i will check up with my lawyer and see if i can nail him down for some more info

tom inpain
Regular Member


Date Joined Jul 2008
Total Posts : 239
   Posted 7/26/2008 8:36 PM (GMT -7)   
Hi Lady Red: Here in New Jersey, we have what are called certified civil and criminal trial attorneys. Usually these people are the best You can hire. The attorney that represented me was both certified and National Board Certified. I have emaied him for a referral in Your State and city.
Were You a passenger or driving someone's car ? Did the accident occur in your State or another ? Your present attorney should have much better answers for You. I went thru four before I found one that "went to court" to enforce my rights every-time they play games. It will nor hurt to get a second and third attorney advice. Keep Ya posted. Tom
Tom Lasko


ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/26/2008 9:09 PM (GMT -7)   
Thanks Tom,
I was driving my car...it happened in here where i live in charleston south carolina...i was at a stop the person in front of me was making a left hand turn...the girl behind me was on her phone and didnt see me stop she hit me going 45mph...she didnt even hit her brakes....she was the sole contributer to the accident...i was not sited at all...there was no one else in the car with me...
 
My lawyer hasnt been very forth coming with any info as to what i can do to help with my bills or what i am soposped to do to take care of myself and my famliy while i am recovering...all i get from him is i dont know what to tell you and that doesnt sit well with me...he is a personal injurey lawyer...
 
I would assume that there has to be something that could be done to help with just the every day bills food exc...as im not working and have a note from doc telling me not to go back to work....maybe i am wrong but what do people do and what are they soposed to do when your quality of life has been taken away and you cant even provide the basics for you and your family...and it is no fault of your owe
 
I am not looking for a free ride i just want to be where i was befor the accident...and as of right now i cant even provide for my family what little money i had put away has gone for bills and food..i am now at the end of what i had put away...sighsssss sorry just so frustrated and at a loss and very scared of loosing all that i have worked so hard to get....things are just things they can be replaced...
 
but not having a place to live and or the thought of loosing my kids cause i cant provide for them is a very scarey thought
Im just trying to get some sort of game plan started so that i dont get any more behind than i already am...if i dont get some sort of help soon i will loose my kids as i wont be able to take care of them they will have to go and live in pa with there father...i will loose my house and am not sure where i will end up at
 
any help would be great even if its just suggestions and moral support...and thank you so much for checking into an att here in charleston...
 
You all have been a god send and i thank you so much

PAlady
Veteran Member


Date Joined Nov 2007
Total Posts : 6795
   Posted 7/26/2008 9:32 PM (GMT -7)   
Hi, Ladyred,
I don't know where I got the idea you were in Canada. Sorry - my bad!

Didn't you have to exchange insurance info. (auto insurance) with the person who hit you? Again, I had no problem immediately getting medical bills taken care of by the other person's insurance. I didn't miss work so I don't know about wages. I wonder how you found your attorney because as Tom suggests picking the right one is important. I picked a couple of bad ones and it made a huge difference. If you haven't signed any contracts yet with the attorney, you can still shop around. If you did sign a contract with him, and he's not yet done any work on your case you maybe you should say you're going to find another attorney if he doesn't help you figure out what to do with immediate expenses. If there was a question of fault with the accident it would be different. So he should know he's going to get a decent settlement, and he's probably working for a piece of that. Keep pushing him to tell you what you're supposed to do in the meantime. And it can't hurt to call other attorneys, although I've found out they often don't want to touch your case if you've already signed a contract with one.

Wish I could help more. Oh- is there any kind of disability you can get? I know as a contractor you probably didn't have any kind of policy. I've been self-employed so I know how that feels. You may even have to (and I know how hard this would be but it would be better than losing everything) go to your state's welfare office and ask if there are benefits you can get for awhile. Especially with the children, there may be things you're eligible for. I know it hurts to think of that - believe me I'm on the edge of that myself and I dread it, but I may have no other choice.

PaLady

tom inpain
Regular Member


Date Joined Jul 2008
Total Posts : 239
   Posted 7/26/2008 9:44 PM (GMT -7)   
Lady Red: I guess we are all on the same time zone and You know what we are doing on a late Sat. night.? Lady Red: Helping in any way would bring me more pleasure then I can express.
PA lady: I loved your "beach party" topic: I read it laughed and the replies -- GREAT, we need topics like this, thank You
Lady Red: On the subject of: Pa Lady-- if You have not already decided She is one hell of a great person.
Talk to Ya real soon. tom
Tom Lasko


ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/27/2008 12:23 AM (GMT -7)   

Ts yes i have thought bout it i will go down to the office on monday wanted to see if i was goin to be feelin better befor i went down to see what assistance i could get...but it seems like the pain is getting worse not better so i will deff being goin down on monday...

does any one else have trouble sleepin at night seems like the pain is always worse at night...

Palady no worries the canada thing came from the er doc that told me that real inpact never resultes in serious injury...

and thanks Ts am hoping that the pain will be gone just worried in the mean time as things seem to be getting worse...


bubsykitty
Regular Member


Date Joined Jul 2008
Total Posts : 23
   Posted 7/27/2008 10:51 AM (GMT -7)   

 

I work for an attorney who handles personal injury cases, including car accidents, along with other kinds of civil litigation cases.  The laws in each state are different, but I will tell you how it works in FL.

In FL, your own insurance pays out for lost wages - under your PIP (personal injury protection) portion of your insurance.  They pay 66% of your weekly earnings and typically send a check to your attorney to forward to you monthly.  As for other $$ to cover your day-to-day needs, you are pretty much stuck until the final settlement is done.  The final settlement $$ comes from the person's insurance that actually hit you.  I advise that you ask your attorney about how your state handles lost wages.

In FL, it is also to your benefit to carry UM insurance (for un-insured and under-insured drivers).  The state minimum here is just $10,000, which can go very quickly for medical bills.  Basically the medical bills get paid out from the settlement before the injured person gets one penny - which really stinks!!  Example of a case I'm working on right now .... girl is a passenger in a car, they get hit by a guy running a red light, she is seriously injured, flown by helicopter to hospital, has several surgeries, is in the hospital for a couple weeks, almost dies, etc, etc.  She has been out of work for a couple months now, her medical bills are currently over $150K!!  The guy that hit them had the state minimum of $10,000 and she herself did not carry UM insurance.  The $10,000 has gone entirely to her medical bills and she did not get any $$ at all.  Her PIP benefits gave her a total of $4,000 for lost wages and the rest of the PIP went to her medical bills.  So the bottom line total she walked away with is a big $4,000!!!!  And she is in need of another surgery and more time without being able to work!!  Total crap for this poor girl, who did nothing wrong!!!  Luckily for her she has health insurance that is picking up the rest of her medicals.

Don't mean to be a downer, but just want to stress the importance of carrying UM insurance!!  It is for YOUR benefit cause many people carry just state minimums and there are lots of others driving around with NO insurance, which will leave you stuck in a really bad spot!  UM insurance costs additional $$, but working for an attorney has shown me how important it is and it is WELL WORTH the extra $$ you pay if you get into an accident!!

 


straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 13469
   Posted 7/27/2008 10:43 PM (GMT -7)   
Bub is so right about the uninsured/underinsured motorist coverage. In Tx we have to carry a minimum 20,000 liability coverage, which means if I hit someone, the max they can get from my policy is the $20,000. Unless, I am rich & have assets, they cannot get anything beyond the 20 on my policy. Our PIP minimum is $2,500, you can purchase higher limits which I suggest. These 2 coverages are separate insurance that you buy and in Tx they are what is called "no fault coverage" The PIP here pays 80% of your lost wages not to exceed your limit, or you may use it for medical expenses not to exceed your limit. This extra insurance coverage costs very little and everyone should buy it, its more protection for you. Susie


ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/30/2008 7:28 PM (GMT -7)   

Thank you all for the info...the more i find out about all this the more i realize just how unprepared i was in all of this.. I quess none of us think about it intil you are there yourself.

As of today I just went to PT and she has requested 2 more months at least of PT grrrrr sorry just frustrated. Was on a step machine today and all i managed to do was 60 steps in 5 mins and was in so much pain afterwards thought i would colasp.

I have several questions for any that wish to answer first.

I have started getting mussle spasms in my legs and back OMG they hurt.  Is this normal and what causes them when you have been injured and what is the best way to deal with them.?

Second.  I got a call from the adjuster working on my car when they took off the bumber and side panal they found that the frame was bent on my car as well. I have a 2007 toyota camery and am concered about the depreciation value now that the frame is bent. I stopped by the dealership where i bought by car and they told me that if your frame is bent then the car depreciated by about 20 to 25 %. Now i know how dealer ships work and they are always out to make a sale exp. in this eccomy.  My question is does this seem to be true and if so should i be intittled to the depreciation value for the car?

Laslty my lawyer was talking with me today about maybe that we should see about settling my case as i was able to get an emercancy medicade card as i am out of work and have kids.  He said to me that if we settle asap that it would help me to get money in my pocket to provide for my family. I also heard that medicade my require me to pay back any expenses that accure after settlement as i still need treatment.

The thing is that in south carolina the state min is 25000 and if my expensises amount to more than that then im screwed if thats all she has.. and by law in sc you cant find out there coverage unless you file something through the court and that cost money and eats up your settlement.

I know this is alot of bs so to speak im just trying to figure out how the best was is to work all this.

Also i attempted to go back to work today and came home is so much pain, how do you all deal with getting back to some sort of normal life after all this...and does anyone else thing our current system is screwed beyond reason?

Sorry for venting just in awe of how all this works and how the victim really pays

 


ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/30/2008 7:33 PM (GMT -7)   

Sorry one other thing my ortho is talking bout cortazon injection has anyone have them and what may i expect if i do go down that line?

thanks


ryand
Veteran Member


Date Joined Dec 2007
Total Posts : 639
   Posted 7/30/2008 7:56 PM (GMT -7)   
ladyred:

This whole thing just stinks for you, and I'm so sorry! I wish I could help somehow. I don't know anything about the legal stuff, but I will say that it sounds kind of suspicious to me that your lawyer is pushing you to settle this early in a case that sounds so clear cut. From what you've said, there is no question that the other driver was at fault. Why does the lawyer want to settle so quickly? Is he confident of a large settlement? Or is he not willing to put the time in?

On the car... I am not an expert here either, but I thought that a bent frame meant a "totaled" vehicle. I would get a 2nd opinion on that if I were you. You want to have a safe vehicle to drive in the future!

Okay, and finally - your PT person. I am really concerned that they have you working out on a stair stepper! Did they tell you why? Are they doing any massage or e-stim or ultrasound treatments on your back or neck? With the pain and spasms you are having in your neck and back, it seems like they would want to avoid having you do any sort of aerobic exercise like a stair-stepper. This is just my personal opinion, but I can tell you that I have been seeing physical therapists for back problems for nearly 20 years and have been a chronic back pain patient for 7 years and none of the therapists I've ever seen would ever have me do anything so strenuous during a flare. It might not be a bad idea to consider a 2nd opinion with another PT as well.

I have had cortizone injections before, but not in my back - just in the knee. I'm afraid it didn't work for the knee, though. I did have several different types of back injections, but none of them have been successful for me. I know others have had some relief, though.

Again, I am so sorry you are suffering so much. I know how awful it is to feel so crummy and be forced to stop everything while the world continues full speed ahead without you. I hope and pray that you will be fully recovered very soon.

Ry

tom inpain
Regular Member


Date Joined Jul 2008
Total Posts : 239
   Posted 7/30/2008 7:57 PM (GMT -7)   
Hi Lady Red: My Attorney is out sick ! should be in later this week so i can get You another name to get another opinion if You still want it. Sounds like Your in a really in trouble.
The shot Your referring to hurts a little but no big deal. Your friend in pain, tom
Tom Lasko


PAlady
Veteran Member


Date Joined Nov 2007
Total Posts : 6795
   Posted 7/30/2008 8:03 PM (GMT -7)   
Hi, ladyred,
Well, the legal things I don't think I can help much with other than what I've already said. It's too complicated for me, but maybe someone that's worked for an attorney will be able to chime in. I would always be careful, ask lots of questions and read all the fine print before you sign anything. And probably medicaid could recoup some costs, but I don't know the details and that likely may differ by state. And once you get a settlement, you may no longer be qualify unti you've spent the money. Oh, I do think our system is badly broken, but won't go there right now!

about the cortizone injections there are some other fairly recent threads on that you could search for. Lots of us have had them, often with no help but some people do get relief. And the muscle spasms - I'd ask your PT, but be sure to tell the PT about all of your activity. I'm not sure being any kind of exercise equipment is a good idea right now, unless your PT has recommended it. You may do even more damage.

Take care,
PaLady

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/30/2008 8:27 PM (GMT -7)   
Thanks Lady.
 
I have been pushing myself a bit lately because i hate this and i quess im in that stage mind over matter if you understand...
 
and i realize that is when the mussle spasms started I will ask PT about that when i go on Friday..feels like my whole life right now is all bout doc appointments...but at least its getting me out of the house:)

PAlady
Veteran Member


Date Joined Nov 2007
Total Posts : 6795
   Posted 7/30/2008 8:47 PM (GMT -7)   
From one lady to another. :-)

I hope things get better for you - which is why you don't want to push yourself too fast and cause more injury.

Frustrating as it is, play it cautious and slow!

PaLady

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/30/2008 8:53 PM (GMT -7)   
Thanks Palady and all that have been such a great help to me and such a life line You will never know how much it means to me that all of you have been there for me when my own family hasnt..
 
sometimes you get the greatest blessing when and where you least expect it

PAlady
Veteran Member


Date Joined Nov 2007
Total Posts : 6795
   Posted 7/30/2008 9:07 PM (GMT -7)   
Lady,
Thank you for your kind words, but I and I think most others who visit this site regularly have felt the same way. To me, this place has been a godsend. I live alone, but have extended family around, but they really don't understand. One or two try. But being here you know you don't have to always keep explaining yourself to be understood!

PaLady

ladyred
Regular Member


Date Joined Jul 2008
Total Posts : 191
   Posted 7/30/2008 9:19 PM (GMT -7)   
hehehe dear lady lol

yes i do agree and that alone is worth more than most people realize..unless they are in the same boat...but it always nice to say thank you and let others no just how much you are thankful for the little things and understanding goes a long way in making others feel so much releife and just knowing that you dont have to expalin everything and convence people is a total godsend!

Tirzah
Veteran Member


Date Joined Jul 2008
Total Posts : 2283
   Posted 7/30/2008 10:10 PM (GMT -7)   
LadyRed,

First, I'm really sorry to hear about how much pain you're in & how much PT hurts.
As for your attorney's recommendation, there could be a couple of reasons why he would recommend to settle early:
1. The person who hit you might not carry much insurance & you might only be able to get a very small pay-out.
2. If the pay-out is small, your best hope is to minimize the amount you have to pay to your attorney. If he's working on contingency, it doesn't much matter. If he's working on a fee-basis, it could increase the amount you receive since he would be billing you for fewer hours.
3. As you've seen, medical bills pile up quickly & court cases can drag on for years. If you can't continue to self-finance or work with your medical providers to accept partial payment until a settlement is reached, then you would need money now just to keep yourself afloat.

It really depends on which insurance company insures the person who hit you. If they are a large, reputable company, there is a small chance that perhaps your attorney could get them to authorize payment above and beyond the coverage limits of the policy. If they are a smaller company, that almost never happens. The insurance information, including policy limits, would likely be provided during interrogatories, if not sooner. Perhaps you can see if your attorney has already discovered that information so you have some idea about what the best case for your settlement would be.

If your attorney can't answer your questions about why he is recommending a quick settlement to your satisfaction, or if he continues to take your case in a direction that is not satisfactory to you perhaps you should look into getting a different attorney. You can look up on the ABA (American Bar Association) site, your state bar site or Charleston might even have a city bar association. They can provide you with an appropriate referral based on the basic details of your case & the level of experience you are looking for (more years of practice = higher fees, but also might increase your chances of getting a better settlement). The attorney or someone at his/her office ought to be willing to address concerns you have about getting adequate legal representation from them for no fee (e.g., asking about experience, education, specializations of the practice, fee schedule, communications with clients, etc.).

Also, "totaled" should mean that damages to your car would cost more than 50% of what it would cost to return your car to the general condition of your car before the accident. You can look on Kelly Blue Book's website to find out what your car should be worth -- for the condition, put in the condition it was in prior to the accident. If your car is totaled, you should get the KBB replacement cost, based on the location, mileage & condition of your car prior to the accident. Often if there's a question about condition, you can show your last service report to prove your case on that. Depending on the state laws, you might be able to get a settlement on the car separate from medical expenses.

Also, as far as your medical expenses, perhaps you could try to get an educated guess from your various medical providers as to what it might cost over the long run to improve your condition as much as possible (hopefully, that's to as good as you were before the accident, but if your doctors say that doesn't seem likely to happen then let your attorney know that, too because if that affects your ability to provide for your family you might be able to get some money added to the settlement, again, though, only if the people have a big enough policy).

Remember that typically health insurance companies negotiate price reductions with medical providers. Since the bills are being covered by an auto insurance policy, you won't automatically get that. Once you get a settlement, call your health care providers' billing offices & explain the situation & ask if there is any sort of negotiated price they can extend to you, or if the hospital has grants you can apply for to cover some of your medical bills, or if you can work out a payment plan (preferably, interest-free).

Double-check with your attorney, but I'm pretty sure that in all states if you get a reduction in cost from the medical provider, you get to keep the difference. That way you can apply it to other medical bills, future medical expenses, or even just taking care of your kids.

One more thing -- some states provide state-funded Personal Assistants for persons who would otherwise end up in a state nursing home. I used to work as one for a lady in a wheelchair. She had to find, interview, recommend and train her PA's, but the state gave her so many hours of help each week for all sorts of tasks from personal hygiene to meal preparation to house cleaning to running errands. They could probably even help, unofficially at least, with some of the tasks you would normally do for your kids. If it gets really bad & looks like it could continue for several more months, perhaps you could check with your state to see if it offers something like that. In my state it is called the Office of Rehabilitative Services. If you can't get a PA, maybe they could at least get you a free advocate to help you find ways to pay all your bills & stuff. Also, check with your utility companies. I found out -- too late last time, I'll get it right this year -- that ComEd offers a once-per-lifetime break for people who are on disability (or off work because of a disabling condition) to get a one time credit on your utility bill -- I think it was something like $150. People's Gas offered a deferred payment plan where I could skip a few months' payments & have those amount spread out over the next 12-15 months. There might be others, so perhaps it would be worthwhile to check.

I hope this helps. I know it can be overwhelming to navigate insurance settlements. Often I tell my friends that if they can wait, they should wait as long as possible to see how their medical condition progresses and to collect as many bills as possible to give the most accurate and complete picture. If, however, the insured is only carrying the minimum amount of insurance and you've already hit that amount with your current medical bills, then you may as well get your money now -- again, though, check with your lawyer.

I know that's a lot of information. I hope it's not too overwhelming. I really wished someone could have just told me everything to do when I was on disability & overwhelmed with bills last summer so I thought maybe you would like the same. If not, my apologies.

Best Wishes & Stay Strong! I will be praying blessings for you & your children & that everything works out.
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