Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have been paid. Acceptance of these [...]
Tag Archives: Work
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct term should be ‘Insurance Examination’. [...]
WORKERS COMPENSATION: Injuries
Injuries at work can be caused by accidents, falling down, or a machine injury. Sometimes, repetitive motion causes harm. Examples are constant typing at a computer or handling of machine controls and parts. Other workplace hazards include exposure to toxic chemicals or loud noise. Can I Sue My Employer When injured on the job the answer [...]
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had a trial in an accident [...]
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is burned into legal history. However, [...]
PERSONAL INJURY: Can Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she doesn’t have health insurance. Can [...]
PERSONAL INJURY: 10 REASONS NOT TO DO IT YOURSELF
10. Notice Provisions Many people understand statutes of limitation. These laws prohibit bringing a case after a certain period of time expires. But, notice provisions apply to some types of cases, requiring proper legal notice soon after an alleged accident or wrong takes place, sometimes 30 to 60 days. If proper notice is not given [...]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most common torts involve negligence. Negligence [...]
PERSONAL INJURY: WHY INSURANCE CLAIMS TAKE SO LONG
It can take a long time for an injury claim to percolate through the insurance claims handling process. The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Why does it take so long? Medical Review After documentation of the injury is submitted, [...]
HE SAID SHE SAID CASES – PERSONAL INJURY AND EVIDENCE
He said she said. People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it. The question overlooks the reality of court testimony. Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence. Under scrutiny of cross-examination, the value of testimony rises or falls as [...]
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Bankruptcy: What Address Do You Use For Creditors
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Name Wrong on Marriage Certificate
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PERSONAL INJURY: Do-It-Yourself Follies
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LIENS ON PERSONAL INJURY CASES
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Health Care Decision or Court Review of Congressional Power?
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Discovery in Civil Litigation
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Dog Bite Cases in Personal Injury Law
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Notice Requirements in Personal Injury Cases
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PREMISES LIABILITY LAW AND INJURIES
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Products Liability: Personal Injuries Caused by Defective Products
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DEIDRE: In answer to AVVO website posting: Thank you for y...
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Neil Kitchener: Dear Sir, Your information is most helpful and ...
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Andrew Myers: I can't answer for credit card companies that are...