Trial Lawyer View Archives - Page 271 of 277

What are Your ERISA Plan’s Recovery Rights?

April 6, 2021

Most, if not all, ERISA health insurance plans state that injuries caused by a liable third party are not a covered expense and require reimbursement when a plan pays for injury-related medical expenses (often referred to as subrogation clauses). ERISA provides that health plans which qualify under its provisions can bring a civil action under section 502(a)(3) to obtain equitable relief to enforce the terms of the plan. Appropriate equitable relief is really the only enforcement mechanism an ERISA plan can utilize to address its reimbursement rights contained in the plan.

Confused by Medicare? Here’s a Helpful Overview

April 5, 2021

The Medicare program—and the related Social Security Disability Income/Retirement benefit (SSDI)—is one of the primary benefit programs available to those who are injured and disabled. Understanding the basics of this program is imperative to protecting the client’s eligibility for their benefits.

Medicare and SSDI benefits are an entitlement and are not income or asset sensitive. Clients who meet Social Security’s definition of disability and have paid enough quarters into the system can receive disability benefits regardless of their financial situation.

How to Use a Special Needs Trust to Preserve Benefits Eligibility for Disabled Injury Victims

April 2, 2021

John Doe was a laborer since age eighteen, but when he was thirty, he was severely injured and became paralyzed. John didn’t have health insurance at the time of his accident, and the hospital applied for Medicaid on his behalf after getting injured. He qualified for Medicaid, since he had no real assets and no longer had an income. His family applied for Social Security Disability since he had worked enough quarters to be insured. John’s personal injury lawyer has settled the case for $1,000,000, which will help him pay for everything he now needs, but it is far less than what is needed to pay for all his future medical care. The question now is what to do with the settlement?

6 Real-World Considerations for Advanced Settlement Planning

April 1, 2021

Mrs. Smith was moved to the ICU and no neurologic monitoring was performed that evening after being moved from the surgical suite. The next morning, Mrs. Smith was found to be quadriparetic. A suit was brought against multiple defendants with a significant seven-figure recovery secured. Mrs. Smith and her family had Medicaid coverage and SSI. She had also applied for Social Security Disability Income (SSDI). At the time of settlement, there was no Medicare eligibility, since she had not been approved for SSDI and she wasn’t sixty-five.

In the confusing landscape of public benefits and planning issues that arise today for trial lawyers when settling catastrophic injury cases, finding your way can be a daunting task. In the paragraphs that follow, I’ll use Mrs. Smith’s real-world example to identify six key considerations to look out for when you’re settling a case for a catastrophically injured client.

Anti-Social Courts

March 2, 2021

Q. I’ve had my fill of ignorant and arrogant judges who disgrace the ill-fitting robes they wear. As lawyers, isn’t it time we speak out and post about judicial incompetence so we may improve justice for all? …

Vegetation Management Lapses Subjects PG&E to Heightened Oversight

February 26, 2021

The CPUC seeks greater oversight over PG&E’s safety practices after finding that PG&E is not properly prioritizing the electrical lines that need tree trimming. KRONTV4 asks Mike Danko what it means. KRON4 asks Mike Danko About CPUC’s latest action against PG&E

Why Are Women Often Misdiagnosed When Having a Heart Attack?

February 18, 2021

The month of February is American Heart Month which aims to raise awareness of the number one killer of men and women in the US, heart disease. Heart health has proven to be even more important during the COVID-19 pandemic, as people diagnosed with heart disease have shown to have …

So you committed malpractice …

February 10, 2021

Q. I’m not inclined to make excuses. But things have been so hectic in my office that I let a nice accident case slip through the cracks and failed to file suit by the limitations deadline. My head is spinning. What should …

Suspending an “Extreme” Sanction

February 1, 2021

Finding Bar Counsel’s call for an indefinite suspension too “extreme,” the Court imposed a more modest moratorium on a lawyer with an unblemished record in close to 50 years of practice. Issue: What sanction should the Court impose upon an …