Justice for Victims in Raleigh: Car, Truck & Motorcycle Accidents and Sexual Abuse Claims Blog

Just had a great straight forward question about the interaction of Medicaid Liens, Attorney Fees, and medical provider liens pursuant to NCGS 44-49-50. QUESTION: Is Medicaid’s lien capped at one third of liability proceeds received or half of what is left over after attorney’s fees? In other words, if I am pro-rating a Medicaid lien…

So we all know that President Obama is talking about some type of Health Care reform in America. I can tell you from years of representing those injured in car accidents, here in Raleigh and across the state of North Carolina, that we need some type of health care reform. The folks that need coverage…

CNN and WRAL are reporting that two people were found dead and a third person is still believed missing in a Garner food plant heavily damaged in a morning explosion. Four people were in critical condition after the explosion at the ConAgra Foods plant in the town of Garner and 20 others were taken to…

I frequently serve as an arbitration panel member for Uninsured (UM) and Underinsured Cases (UIM) in NC. Our standard UIM & UM policy says that if the claimant opts for arbitration instead of jury trial, then they get arbitration. This is a supremely efficient use of time and probably saves the state of North Carolina MILLIONS…

Congratulations to attorney Patrick J. Loughren of Pennsylvania for his victory in Tristani v. Richman, a medicaid subrogation case. I don’t have a lot of time today to dig through this case, which is 50 pages long and denser than a fruitcake, but this is, in my opinion, and “extension” on Ahlborn. also, it addresses…

In the matter of Andrews v. Haygood, on December 12, 2008, the NC Supreme Court affirmed the court of appeals opinionwhich rejected the application of Ahlborn v. Arkansas to NC medicaid third party subrogation. Justice Newby wrote the opinion from which Justices Hudson, Brady and Timmons-Goodson dissented. The gist of the majority opinion is that the majority interprets Ahlborn (which…

A great op-ed piece about the horrible and judicially mutilated zombie of ERISA Laws. Rebalancing the scales of justice Barack Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer – and…

Here are the folks I endorsed that were elected: NC Supreme Court Sam J. Ervin, IV – Court of Appeals (Tyson seat) www.ervinforcourtofappeals.com North Carolina Court of Appeals Jim Wynn – Court of Appeals www.judgewynn.com Cheri Beasley – Court of Appeals (McCullough seat) www.judgecheribeasley.com Linda Stephens – Court of Appeals www.judgelinda.org John Martin – Court…

Well, we are at less than 306 days10 hours to election time and it is time for my annual Judicial Endorsements post (and a few other races you may not know much about). NC elects all of our Judges, we do not have an appointment system or retention elections. This is a great system in…

If you are a lawyer who sometimes helps your clients with settlements by recommending a structured settlement (annuity) the shake up of AIG should be a topic of conversation.  I emailed one of my friends, Bryan Milner, who is a structured settlement broker and gave him a Q & A on questions I anticipate my…