Medicare Set-Aside Accounts for Future Medical Expenses in Personal Injury Claims

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We think you may find this article helpful… by Richard M. Williams and Kathryn Camerlengo When a settlement is reached in a personal injury lawsuit, a written settlement agreement is prepared, and, if medical expenses for the injured party have been paid by Medicare, a Medicare Set-Aside Account (MSA) may be created to reimburse Medicare for past, and potentially future, medical payments. …

Independent Medical Exams in Personal Injury Claims

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We think you may find this article helpful… By David Goguen When you file a lawsuit and seek compensation for physical or mental injuries, the person or entity being sued (the “defendant”) or an insurance company may request an independent medical examination (sometimes referred to as an “IME”). There are a few reasons behind this request. The defendant or insurance …

Mass Tort v. Individual Injury Cases: A Learning Experience

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We think you may find this article helpful… by Emily B. Ashe Length of Time If there’s one thing we all know, lawsuits can take a long time. One of the down sides for a mass tort client is that their case generally takes a number of years to resolve (they benefit in other ways such as sharing costs with other …

“Fairness” in Class Action Litigation Act of 2017

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We think you may find this article helpful… By Elizabeth Chamblee Burch With House Bill 985 (the “Fairness” in Class Action Litigation Act of 2017), the controversy over current class action practice has escalated. Now that we have 50 years of class action practice under our belt, we know that practice suggests the need for tune-ups: sometimes judges still approve …

Alcohol – What is Dram Shop Liability?

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We think you may find this article helpful… by HG. org Dram shop laws relate to cases in which a person has received alcohol from an establishment and then causes an accident while in an intoxicated state. Dram shop laws allow victims who were hurt by the intoxicated driver to pursue compensation from the establishment or party that provided alcohol …