I Do Not Want to Be Your Lawyer

[...] on your marriage that you have needed counseling, it is worth asking whether a loss of consortium claim is worth bringing at all. Most lawyers will automatically include a consortium claim unless [...]

[...] effect their abilities to settle the cases at all. Paying Back Medicare in Most Personal Injury Cases In personal injury cases involving one defendant who is entirely at fault and has adequate [...]

[...] negligence case consists of four elements: Duty, Breach, Causation, and Damages. In most personal injury cases, “Duty” is not a hard-fought issue. Generally speaking, it refers to everyone’s [...]

[...] ? In the criminal law context, you run into the same types of issues you find in personal injury cases. While some wins (acquittals or dismissals of charges) are easy to spot, losses are [...]

[...] example, in a case that settles for $50,000.00 involving a $20,000.00 Medicare lien and a 1/3 attorney fee and $1,500.00 in costs, Medicare will reduce its lien by 36% (the same [...]

[...] be accompanied by all of the documentation that supports your claim. This includes your medical records and medical bills from all relevant medical providers (click this link if you need help in [...]

[...] take some time, and you will need to review and refer to many documents, particularly your medical records, so don’t expect to knock this out in just a few minutes. Writing a Demand Letter — Your [...]

[...] could you examine the particular facts of a case without violating patient privacy laws for medical records? Even if medical records were freely available for public viewing, most lay people would [...]

When a plaintiff loses his lawsuit, whether by summary judgment, a directed verdict or a jury verdict for the defense, he or she is probably wondering [...]

Legal malpractice cases are particularly difficult and expensive to pursue. Aside from the inherent difficulty in finding an attorney who accepts lega [...]

Medicare recipients who file personal injury lawsuits need to be aware that by law they will have to pay Medicare back from their judgment or settleme [...]

[...] or settlement. Unlike cases where private health insurers seek repayment, cases involving Medicare liens offer lawyers very little (to no) wiggle room in negotiating the liens down. Medicare’s lien [...]

[...] damages (wage loss, medical bills, etc.) may be joint and several, but your non-economic damages (pain and suffering) may be purely apportioned. This approach can get pretty [...]

[...] damages figures are conservative and will likely be much higher if you have to litigate. Non-Economic Damages: Your non-economic damages are your pain and suffering (physical) and emotional distress ( [...]

[...] ones provided no relief. Use your common sense when self-regulating your medical costs. Non-economic damages will always be contested by the defendant, for the simple reason that plaintiffs will [...]

[...] , it will almost surely dispute the amount of damages you claim. Defendants can attack your economic damages in many ways. For medical treatment, they can claim that your treatment was unnecessary or [...]

[...] is some combination of joint and several liability and pure apportionment. For example, your economic damages (wage loss, medical bills, etc.) may be joint and several, but your non-economic damages ( [...]

[...] likely be much higher if you have to litigate. Non-Economic Damages: Your non-economic damages are your pain and suffering (physical) and emotional distress (mental) damages. Describe [...]

[...] avoid the risk of cannibalizing part of the primary plaintiff’s claim to pay the consortium plaintiff — both the primary plaintiff and the spouse get fully compensated. Of course, the [...]