Why Reimbursement Agreements in ERISA Plans Matter for Trial Lawyers
When representing injury victims, trial lawyers often find themselves navigating the murky waters of ERISA self-funded plans. A recurring and increasingly problematic issue is the use of reimbursement agreements. Some ERISA plans will refuse to pay claims until the
⚖️ ERISA Liens: The Legal Minefield Too Many Trial Lawyers Tread Alone
If you’ve ever resolved a self-funded ERISA lien on your own, you know it’s rarely straightforward. In fact, it’s often the most difficult type of healthcare lien you’ll face as a trial lawyer or paralegal. The rules are different, the …
Navigating ERISA Plan Subrogation and Reimbursement: Strategies for Reductions
Navigating the intricacies of subrogation and reimbursement for ERISA-governed health plans demands a comprehensive understanding of statutory frameworks, plan documentation, and pertinent case law. Attorneys representing clients facing such liens must employ meticulous strategies to effectively negotiate reductions. Reducing these …
Advanced Lien Resolution: Medicare, Medicaid, ERISA, and Military Liens
Introduction
Effective lien resolution is pivotal in personal injury cases. Liens—claims from healthcare providers, insurers, or government agencies against a plaintiff’s settlement—can significantly impact the net recovery. Understanding and managing these liens is crucial for maximizing the client’s recovery and …
Effective ERISA Lien Reduction Strategies
Navigating ERISA liens can be a daunting task, given the complexity of the Employee Retirement Income Security Act (ERISA) and its impact on self-insured health plan reimbursement. Although a comprehensive exploration of ERISA is beyond this blog, understanding some key …
Using Contract Law to Combat an ERISA Health Insurance Lien on Your Settlement
Settling a personal injury case can be a moment of relief for both the plaintiff and their attorney. However, a significant hurdle often remains: resolving health insurance liens. These liens can significantly impact the final recovery amount for your client, …
Top Cases for Lien Resolution
Teresa Kenyon, Esq. and Kevin James
Effectively minimizing or eliminating the reimbursement of any claimed medical lien is a critical part of ensuring just compensation for the injured. Personal injury lawyers encounter numerous obstacles in the process of resolving liens. …
Why Personal Injury Attorneys Should Partner with Lien Resolution Experts?
November 9, 2023
Introduction
In the world of personal injury law, every moment counts. The intricacies of building a solid case, negotiating with insurance companies, and advocating for your clients in court demand your undivided attention. Yet, …
What Gives Health Care Plans The Right To Recover?
January 12, 2023
Dealing with medical liens is the dreaded case after the case for most personal injury attorneys. As a personal injury attorney, you’ve worked hard to prove the tortfeasor has liability for the damages incurred …
Personal Injury Attorney Sued by ERISA Plan for Funds in Attorney’s Possession
September 8, 2022
Kevin James, Esq.
Who can be a defendant in an action brought under Section 502(a)(3) of ERISA?
ERISA self-funded plans are becoming more and more aggressive about asserting their reimbursement rights when one of their members has …
