Lien, Subrogation, or Reimbursement: The Distinction Every Trial Lawyer Must Understand
Three legal mechanisms attach to personal injury recoveries and confusing them costs your client money and exposes your firm to malpractice risk. Here is how trial lawyers and paralegals should classify, defend, and resolve each one.
When a personal injury
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 …
