Avoiding A Disruption To Practice
Bar Counsel wanted to suspend him. The Court wanted him to continue serving his community where “his pro bono legal service and his other volunteer efforts have been exceptional.” Issue: …
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Water Safety Is Vital for the Sunshine State
As a law firm in the Sunshine State, water safety has become a hallmark of DCYâs commitment to our community. As trial attorneys, we have seen cases of catastrophic injuries in children and we know that the key to preventing tragedy is by prioritizing safety. We believe in fostering a …
Strokes and Stroke Centers â What You Need To Know
May is Stroke Awareness Month and for that reason, we remind you to familiarize yourself and your loved ones about this disease, which is the fifth leading cause of death in the U.S. A stroke happens when blood flow to the brain becomes obstructed. If not quickly diagnosed and treated, …
Personal Injury Lawyers Have a Responsibility to Address the Financial Implications of a Clientâs Settlement
When personal injury victims win a settlement, it can be life-changing. They have costly medical bills to contend with, as well as the fact that they often arenât able to live or work the way they used to. To victims, settlements arenât just money; theyâre an assurance that the victim will have their needs met and will be able to get on with their lives as best they can.
NTSB Blames Collings Foundation, FAA for Fatal Crash of Sightseeing B-17
On October 2, 2019, a World War II-era B-17 flying fortress bomber departed Bradley International Airport in Connecticut for a local sightseeing flight with 10 paying tourists on board. Shortly after takeoff  the pilot radioed that he was returning to the airport because of an engine problem.  A witness reported
How the Acronym âCADâ Can Help You Ensure Youâre Medicare Compliant
Once youâve already identified someone as a Medicare beneficiary (or someone with the reasonable expectation of becoming one within thirty months), the easiest way to make sure youâre compliant is to follow the acronym âCAD.â
Criminal Charges Against PG&E Will Not Help Victims of Kincade Fire
KPIX5 asks Mike Danko about the criminal charges brought against PG&E for its role in the Kincade fire. Danko explains that even if a jury renders a guilty verdict, no one at PG&E will go to jail. Itâs the civil justice system, not the criminal justice system, that compensates victims
Reducing Medicaid Liens: Why Was the Ahlborn Case Such a Significant Victory for Injury Victims?
Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future. When the Arkansas Department of Health tried to assert a lien against Ahlbornâs settlement, she sued, and the case went all the way to the Supreme Court, who found in her favor.
How the Advent of the Mandatory Insurer Requirement Causes Problems for Lawyers
As of April 1, 2011, a Responsible Reporting Entities/insurers (RRE), (liability insurer, self-insurer, no-fault insurer, and workersâ compensation carriers) must determine whether a claimant is a Medicare beneficiary (âentitledâ) and if so, provide certain information to the secretary of Health and Human Services (hereinafter âsecretaryâ) when the claim is resolved. This is the so-called Mandatory Insurer Requirement, MIR for short.
The Unregulated New Frontier of Medicare Set-Asides
Consider this scenario: you represent a current Medicare beneficiary in a third-party liability case. As part of the workup of the case, you determine the client will need future medical care related to the injuries suffered, and you settle the case. Since the client is a Medicare beneficiary, the defendant will report the settlement under the Mandatory Insurer Reporting law as it is greater than $750 in gross settlement proceeds.
What is a Medicare Set-Aside?
For many years, personal injury cases have been resolved without consideration of Medicareâs secondary payer status even though since 1980 all forms of liability insurance have been primary to Medicare. At settlement, by judgment or through an award, an injury victim would receive damages for future medical expenses that were Medicare-covered. However, none of those settlement dollars would be used to pay for future Medicare-covered health needs. Instead, the burden would be shifted from the primary payer (liability insurer or workersâ compensation carrier) to Medicare. Injury victims would routinely provide their Medicare card to providers for injury-related care.
Why Qualified Settlement Funds are an Important Tool for Trial Lawyers to Understand
What do you do when you settle a case like this where your client is on public assistance, there are allocation issues, settlement planning issues must be addressed, and there are liens to negotiate? Where can you âparkâ the money while you set up any necessary public benefit preservation trusts, determine allocation of the proceeds, figure out a financial plan, and negotiate the liens?
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