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Negotiating Medicare and Medicaid Liens

One portion of dealing with any personal injury claim, whether it is a wrongful death claim or a claim for bodily injury, is dealing with subrogation claims from medical providers, as a personal injury lawyer Little Rock, AR trusts can explain..

In the U.S. Supreme Court case of Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), the court dealt with the right of Medicaid in a subrogation claim.  The court held that Medicaid must reduce its claim on personal injury or wrongful death recovery by the percentage that the Plaintiff reduced its claim in accepting a settlement.

Benefit of Ahlborn: Wrongful Death Lawyer Little Rock, AR

What does the Ahlborn holding mean?  It ultimately allows for the Plaintiff in a personal injury or wrongful death claim to keep more of the settlement, giving less of it back to Medicaid/the government.  The subrogation claim made by Medicaid to recover its costs provided to the Plaintiff must be reduced if the Plaintiff had to reduce its own recovery in settlement.

Whether Medicaid has historically recognized Ahlborn is a different matter.  In a practical sense, having dealt with Medicaid subrogation claims, Medicaid will claim not to recognize the case but will negotiate a reduced recovery on the merits of the case (same thing as Ahlborn, basically).  This has generally been very helpful to assist settlement in large or risky claims.

Death of Ahlborn – Wrongful Death Lawyer Little Rock, AR

The Bipartisan Budget Act of 2013 statutorily modifies Medicaid subrogation and allows for Medicaid to recoup all of the money it expended on a Plaintiff rather than the reduced formula allowed by Ahlborn.  However, the effective date of the Act was extended to October 1, 2016 and then extended again until October 1, 2017.  This implementation will create a ‘super lien’ in favor of Medicaid greatly affecting an attorney’s ability to negotiate a subrogation claim by Medicaid in order to resolve a case amicably without court intervention. 

This means that negotiating Medicare and Medicaid liens will become increasingly difficult, if not impossible, as time progresses.  For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in wrongful death cases for years.  

 

Dos and Don’ts After a Truck Accident

Car accidents are already a devastating ordeal, but when a large truck is involved in an accident, the impacts and damages are often much greater. Commercial trucks, such as 18-wheelers and semi-trucks, are much larger and heavier than most vehicles, so they are harder to control on the road and can cause severe damage and injuries in an accident.

If you or a loved one was injured in an accident involving a large truck, you may be entitled to receive compensation for your injuries. Before moving forward, it is imperative to speak with an experienced truck accident lawyer who can review your case and help determine the best course of action to take. In the meantime, there are important steps to take and consider.

Give an Accurate Statement

After an accident, the police will take a statement from everyone involved to ultimately determine the cause of the accident. When you speak with the officer, make sure you are calm and composed so that you can provide an accurate, thought-out statement. This is your chance to report your side of the story, which will be imperative evidence in an insurance claim or even a civil or criminal case. In order to protect yourself, it’s important that you don’t admit fault in the accident.

Collect Necessary Evidence

After an accident, you should gather the necessary information and evidence from the scene. You should obtain the name, address, phone number and insurance information of the other driver or drivers, get witness testimony and document the scene of the accident. If injuries were suffered, you should also gather medical records and bills. Proper evidence is needed to build a strong case.

Avoid Speaking with the Defendant

After the time of the accident, you should avoid speaking with the truck company, their lawyers or insurance company. Everything you say can carry weight in the case, so if you accidentally say something wrong, you could hurt your chances of receiving compensation. Instead, it is advised that a truck accident lawyer works with the other party on your behalf to negotiate a fair settlement. They can ensure the necessary components are handled and prevent potential problems.

Negotiate the Settlement Offer

If the other party offers a settlement early on, you may feel inclined to take it in order to cover medical bills and other expenses. Most insurance companies, however, start by offering a very low, unfair settlement for this reason. The first settlement usually won’t even cover the full extent of damages. Allow a lawyer such as the truck accident lawyer  locals turn to to negotiate the settlement offer on your behalf so they can get you the highest settlement possible.

Motorcycle Safety Tips

Motorcyclists Should Always Consider These Safety Tips

It’s true that riding a motorcycle can be exciting, fun, and economical.  It’s also true that riding a motorcycle is much more dangerous than driving a car. The National Highway Traffic Safety Administration reports that motorcycle riders are 27 times more likely to die in traffic accidents than other motorists. Their reports also conclude that most of these occurrences are the motorcyclist’s failure to comply with certain safety measures. The following is a list of the appropriate safety tips a motorcycle rider should consider:

Wear Protective Clothing and Gear

The most important gear one should wear is a helmet that has been approved by the Department of Transportation. Wearing a helmet can reduce the risk of sustaining a serious head injury in an accident.  Other gear that can be beneficial in reducing injuries is heavy leather clothing, thick gloves, and skid-proof leather boots.

Defensive Driving

A motorcyclist should always be cautious when riding in the presence of other vehicles.  Motorists do not always see motorcycles; therefore, the risk of having an accident is much higher for the motorcyclist. Don’t always assume the other driver can see you, so drive defensively, keep an eye on your side mirrors as well as keeping a firm grip on both handlebars to insure your own safety.

Do Not Drive When You Are Fatigued

As a motorcycle rider, you need to be completely focused. Along with being aware of your surroundings, you will be constantly changing gears, braking and maintaining your balance.  When fatigued, your reaction time is slowed and you may not be as able to maneuver through traffic. The rule of thumb is that you take breaks and rest every 75 to 125 miles.

Sharpen Your Riding Skills

Skilled motorcycle riders are able to make quick decisions when faced with surprises and hazards on the road. The ability to make good decisions can change the outcome of an accident. There are several ways to improve your riding skills such as taking a motorcycle safety class. These courses can help the rider hone skills such as:

Make Sure Your Motorcycle Engine, Brakes, Lights and Electrical System Are Reliable

Obey Road Signs and Traffic Signals

Always stay alert and comply with traffic rules such as stop signs, traffic signals, and speed limit signs.  At high speeds, it is more difficult for a motorcycle to stop in case of an emergency which could cause potentially fatal accidents.

If you were injured in a collision due to a defective part or another driver, call us today to speak with an experienced motorcycle accident lawyer such as the motorbike accident lawyer  locals trust.

Social Media and Personal Injury Cases

The explosion in Social Media platforms (Facebook, Twitter, Pinterest, etc.) has created problems for a wrongful death lawyer representing clients who have been injured due to the negligence and carelessness of others.

In years past, insurance companies would often hire private investigators to follow injured plaintiffs and take movies of them engaged in physically demanding tasks in order to disprove that the person was not seriously injured. These videos would then be shown to the jury during trial and sometimes prevented an injured person from obtaining a just monetary verdict. The problem with these videos is that they were a brief snapshot in time, and often showed the plaintiff engaged in an activity that he had not performed for some time and which afterward resulted in many days in bed recuperating from one day of “overdoing it.”

In today’s world, insurance companies and defense attorneys often avoid the expense of hiring a private investigator and instead subpoena records from Social Media accounts.

A June 8, 2017 article posted in Forbes magazine online detailed the unfortunate experience of injured persons who torpedoed their case by the Social Media post they made.

Consider a case of a woman who sustained a serious back injury in a car crash and, after spending over a month bed-ridden, her husband takes her on a trip to Florida to enjoy fresh air and sunshine. Her husband takes a photo of her on the beach in Miami in a swimsuit, with a drink in her hand and smile on her face. She then posts the photo to Facebook. Of course, the photo will not show the chronic pain she is enduring, or the fact that she did not even feel strong enough to go into the water to enjoy a good swim. In other words, a totally honest photo could create a false impression in the minds of a jury viewing that photo.

For the above reasons, people involved in personal injury lawsuits should stay away from Social Media as much as possible until their case is concluded. Moreover, attempting to delete their Facebook account might further damage their case if the defense attorney at trial argues that the injured party engaged in the unlawful spoliation of evidence. Spoliation of evidence is a legal term for the intentional or reckless destruction of evidence. Courts have the ability to punish the destruction of evidence in several ways. For example, the judge might instruct the jury that the jurors are to infer that the destroyed evidence would have been evidence damaging to the plaintiff’s case. In extreme cases, the trial judge may simply order the dismissal of the plaintiff’s case, resulting in the recovery of no monetary damages.

 

Help Me Help You.

Close your eyes and imagine you just got into a car accident. You are coming into a complete stop at a red light and the vehicle behind misses the light change and rear ends you at about a speed of 45 mph. Police show up at the scene information is exchanged. What now? How does that make you feel? Confused, shock, anger, etc. Consulting a Car accident lawyer Arlington, TX trusts is the next step.

Assuming you first response is to look for an attorney, this blog will inform you what to expect from the moment you call a law firm, and through your consult. You will be walked step by step.

  1. Call the attorney that you feel will be a good fit for you. Of course always keep in mind the Brandy Austin Law Firm.
  2. Set the consult. Before calling check your calendar to see what days work best for you, that makes scheduling a lot easier. Also, that helps avoid rescheduling for conflicts in schedule. Be prepared to share a brief summary of how the accident happen. Your frustration is understood but please, BE POLITE.
  3. Your consult has been scheduled. Please prepare a day before all documents you will be bringing in for the consult. Don’t be nervous, the attorney is here to help you.


Documents to bring for your consult:


The attorney needs anything and everything that will help with your case.

1. At the time of the consult, please arrive on time if not at least 5 minutes before your scheduled time. Attorneys are here to help you but please be mindful of their time. During the consult always be honest. It helps a lot in the long run. If you gave a statement to either insurance companies please inform them. If you have a criminal background be ready to share that information with us. Everything that will be asked is for the best of your claim, in a client and attorney confidentiality. If you have any questions, please ask away. The sky is the limit.

2. At the end of your consult, please feel comfortable letting the attorney know whether you want to move forward and retain, or if you simply feel like they are not a good fit.

3. Assuming you retain. You have successfully retained/hired an attorney to stress for you. All your worries should be about treating and feeling better.

See this is like a “help me help you” situation. Your helping the attorney by bringing all the above information to the consult, and the attorney is helping you by taking over your case and working hard to get the best settlement for you.

 

Thank you to our friends and contributors at Brandy Austin Law for their insight on how to prepare for your first interactions with an attorney.

 

Deposition Basics

Court Reporter

The deposition process is a component to discovery that is often used in gathering testimony prior to trial legal situations. If you are recovering from a personal injury, a deposition can add more stress during a time that you are trying to heal from the accident. A personal injury attorney may be helpful in guiding you through the process by helping you understand what the expectations will be of you and how best to prepare for your deposition. Rest assured, the deposition process can go smoother if you have an understanding of the deposition process and what may be expected of you.

What is a Deposition?

A deposition allows for the opposing counsel to interview you outside of the courtroom. This is considered an on the record testimony that can be used in the event the case goes to trial. The attorney who is interviewing will base their questions around aspects or details of the personal injury that are relevant to the case.

Role of the Court Reporter

The court reporter, or stenographer, plays a large role throughout the deposition. They will transcribe all information that is shared during the deposition. Following the deposition, the court reporter will provide the attorneys involved with a copy of the deposition transcript. In some situations, you can expect to be recorded auditorily or visually, which can add to any jitters you may already be experiencing.  

Never Guess

Never Speak Out of Turn

Speak Loud and Clear

Working with a personal injury attorney can help ensure that you go into a deposition feeling prepared to answer the questions being asked of you by the opposing counsel. Enduring a legal process can be time consuming and stressful. An attorney can help you navigate through the legal process and the deposition smoothly.

Can I claim my injury as work related?

It is unfortunate, however; people are injured at work every day.  Whether it is a minor injury, an extensive injury or surgery, worker’s compensation insurance will help pay for medical bill, therapy, other related damages, as well as help you recover wages lost while you are out of work. The following is a list of some of the injuries you can claim with workers’ compensation.


Broken Bones or Fractures

Fractures and/or broken bones are common workplace injuries.  Injuries such as these can cause loss of mobility, swelling, bruising and pain.  Brakes and fractures can be caused by falling or something falling on you, running into things or accidentally hitting something.  You will need to see a medical professional as soon as possible to be treated and recovery can take weeks, even months depending on the severity of the injury.


Punctures and Cuts

Punctures and cuts, also known as lacerations are obtained from many sources around the workplace such as; working with equipment, falling and/or dropping something on yourself, working with tools, even desk jobs.  Some may be minor but still painful, causing immobility. Others can be severe enough to require stitches and possibly surgery.  In some cases, people return to work promptly while others require some time off to recuperate.


Sprains and Strains

Police officers, construction workers and landscape workers have a higher tendency of straining a muscle or spraining something which occurs when you overextend a ligament or tendon.  These types of injuries typically require 3 to 6 weeks to overcome.  Up to 30% of workplace injuries are related to strains and sprains and you should seek medical assistance as soon as possible.


Bruises and Contusions

Bruises and contusions seem to be minor injuries however; most always involve pain and sometimes swelling.  These types of injuries are usually caused by a blow to a body part. It is important that you seek medical help immediately because these types of injuries may require surgery and bed rest.

 

Inflammation

Symptoms of inflammation are normally swelling or redness around the area that is affected along with pain, heat and some loss of mobility.  A job that requires the extensive daily use of the same body part may cause inflammation.  Construction workers, nurses and clerical workers are most likely affected by this which can also lead to tendonitis and/or carpal tunnel syndrome. Also, if you use your legs and back to lift or move heavy objects, it can cause knee arthritis or tendonitis.

 

It is important that you obey safety rules and regulations in the workplace because this is where a lot of accidents take place.  As an employee, if you happen to notice potential workplace safety issues, you should immediately report it to your superior and if you are injured at work, you should retain a work injury lawyer Fort Lauderdale respects.

 

Thanks to our friends and contributors from the Law Offices of Franks, Koenig & Neuwelt for their insight into workers’ compensation.

 

Can I sue my ex-husband if I slip and fall at his house?

Yes, you can sue your ex-husband if you slip and fall at his house. If your ex-husband fails to keep his property in a reasonably safe condition you can certainly file a lawsuit against him like any other defendant. Should you choose to pursue that course of action, consult a family law attorney trusts. If your ex-husband is liable for your slip and fall injuries, his homeowner’s insurance policy may pay the claim for your injuries and damages. Whether it is a good idea to sue your ex-husband may be another story, especially if you and he are co-parenting children and will see one another for years to come.


What is the general law regarding slip and falls?

The general law regarding slip and fall cases is called “premises liability” and involves personal injuries sustained from slips, trips and falls at the property owned or under control of another person. The legal issue is often whether there was a dangerous condition that the owner or occupier knew or had reason to know about, which could reasonably lead to injury.


Is it a good idea to sue your ex-spouse?

As a general rule, you do not make more friends by suing people, especially your ex-husband. Especially if you have children together and must see or communicate with one another with any frequency, additional litigation might make things uncomfortable for everyone. That said, when you have a legitimate injury and damages, you absolutely have the right to seek compensatory damages. Injuries, even from minor slip and fall accidents can lead to long term problems. Like injuries sustained in a rear-end collision, a slip and fall can seem not so bad at the time it happens and soon thereafter you might have nerve and muscle pain stemming from all kinds of internal injuries. Chiropractor and hospital bills can be extensive, and you may need to file a lawsuit against the liable party, even it if is your ex-husband.


How may judges and juries react to a suit against a former spouse?

What would you think if you heard your neighbor say they were suing their ex-husband after slipping and falling on their driveway when going to pick up a child after weekend visitation? Would you be surprised if a judge or jury member raised their eyes at your claim? While it may be human nature to be suspect of ex-spouses and their claims against one another, an injury is an injury.

Consider neighbors and dog bite cases and the reality that when a dog bites your neighbor you understand why they make a claim against you for injuries and you anticipate your homeowner’s insurance policy will pay the claim. Similarly, with a slip and fall occurring at the home of an ex-spouse, the injury happens as it would and is not likely purposeful or a function of a vindictive ex. So long as the facts are clear, the injury case should be treated like any other and the status of the defendant being a former spouse should not be at issue.

Car Accident Injuries: When to Settle and When to Sue

If you have been hurt in a car accident, it is likely that you will have medical bills and other expenses to cover. In the event that negligence played a role in the accident, it may be possible to get compensation to cover those costs. How do you decide if you want to get that compensation through a settlement as opposed to going to court? While it’s advisable to discuss this matter more specifically with a car accident lawyer Milwaukee WI trusts, here’s a brief overview of your two options.

When Should You Settle?

As a general rule, you should never settle a case until you have talked to an attorney. Insurance companies and other potentially liable parties may want to give you less than you are entitled to in an effort to make the case go away. However, it may be a good idea to settle your case if the other side is willing to give you what you want with little hassle.

Settlements may also be best if you are partially responsible for the accident and don’t think that a jury would rule in your favor. Legal counsel will likely advise you as to whether or not the evidence indicates that you were at all liable for your injuries. Finally, agreeing to a settlement may be best if you would rather get something now as opposed to going through a long civil trial.

When Should You Sue?

It may be better to file a lawsuit if the other side is not negotiating in good faith. In some cases, this is because opposing counsel thinks that they have a strong case and would rather go to trial. It could also be because the sides are too far apart when it comes to how much you should be awarded.

If the party liable for your injuries is a major corporation, it might want to go to court in an effort to save face. Alternatively, it may decide to drag out the legal process because the corporate entity knows that the average person can’t fight a legal battle forever. However, in a personal injury case, your attorney generally doesn’t get paid unless you win, so it may be in your best interest to be patient.

What to Know About Filing a Lawsuit

Many states have statutes of limitations relating to filing personal injury lawsuits. Typically, you have two or three years to file your case before you forfeit the right to claim compensation through a formal trial. This is why you may benefit from talking with a car accident lawyer as soon as possible after your accident. It is also why your attorney will likely suggest that you file a lawsuit even if you want to settle. In many cases, a judge will ask you to engage in settlement talks prior to proceeding with a trial.

 

Deciding whether to settle or to sue the person who hurt you is just one of many decisions that you will make during the legal process. However, it could set the tone for how your entire case plays out. Therefore, be sure to think carefully about your choice, and it may not be a bad idea to consult with an attorney before making it.

 

Thanks to our contributors from Hickey & Turim, SC for their insight into car accident cases.

 

Recommendations for a Back Injury

The pain and limitations associated with a back injury can feel devastating at times, especially at the beginning of your recovery treatment. It is important you follow all doctor’s guidelines when it comes to taking care of yourself. There are a few factors you should be aware of in order to ensure you continue living life in the fullest way possible, yet are seeking assistance if your back is limiting your movement ability.

Keep a File of Medical Records
Maintain an organized file of all medical records that are related to your back injury. This can include medical bills, hospital visits, doctor’s assessments, chiropractor appointment receipts and work restriction documents. If one day you find out you can receive compensation for your back injury, this paperwork will be key to your financial return.

Wear Appropriate & Protective Gear
It is not uncommon for people to not wear appropriate gear because they fear of looking silly or not strong to others. By not utilizing a tool such as a brace, it can worsen or cause a back injury that may have been prevented. Especially if you are already injured, the worst thing you can do is move in a manner that sets you backward. Your body and doctor will not be pleased with you, and it will only take longer until you are healthy.

Hire a Moving Company
Doing any lifting above a certain weight as restricted by your doctor can hinder your back from healing properly. Many people do not realize a moving company relies on can be a resource for times that do not involve relocating to another home; additionally, some offer cleaning services too. It may be a great investment to have a professional hand tend to the lifting around your home and do the cleaning, so you can focus on getting better.

Don’t Overdo It
Take seriously your doctor suggestions and listen to your body. Right now, your body is focusing on healing and it may cause immense pain to overestimate your ability to use your back during this time. Move at an easy pace and do not rush the treatment process.

Practice Exercises
Your doctor may give you exercise to practice. Even if you do not feel a difference right away, over time you will notice positive changes. Back injuries do not typically recover quickly, so taking the time to stretch and do approved workouts will be beneficial long term.

Hire an Attorney
If you are suffering your back injury as a result of another person or company and their negligence, then you should seek the representation of an attorney right away. You will need professional counsel and advice when it comes to filing the claim and help throughout the process, especially if your case goes to court.

Regardless the circumstances surrounding your back injury, what is most important is working towards wellness and happiness. Take care of yourself so you can strengthen your back and hopefully get to the place you were before you injured your back.