Articles Posted in North Carolina

I had the great pleasure of teaching a class to over 110 criminal defense lawyers on February 28, 2020. They were all gathered to learn how to defend their clients who have been charged with DWI or DUI. I was there to tell them how it works when I sue their clients for injuring my…

People! Do not let the statute of limitations slip past on your personal injury cases in North Carolina.  I’ve had three calls this week from people who did not have lawyers and who waited until the last second, or past the last second, to call for advice. None of these calls ended on a happy…

I’ll put the most important thing first, then explain it. This is just my opinion, and applies only to North Carolina law, but since deadlines may be running, I wanted to get it out there. If you settled a case (by minor settlement, signed release, or Industrial Commission approval) in which Medicaid claimed a lien,…

The NC AOC (Administrative Office of the Courts) website is often hard to navigate and because it is open to the general public, can be sparse on the email links. This can make scheduling trials and motions difficult. Here is a link to the names, adresses and emails of the TCAs and TCCs in North…

I’m a little late posting this new statute on my blog because I was so involved in getting the new Medicaid subrogation statute trimmed down and written in a way that it would be workable for trial lawyers. These changes were the result of the US Supreme Court Ruling in Wos v EMA issued March 20,…

I found this link with MSPRC’s website and thought it might be helpful to some of you. This link takes you to the PDF lists of all the Medicare diagnosis codes dating back to 2002. http://www.cms.gov/Medicare/Coding/ICD9ProviderDiagnosticCodes/codes.html You can download the pdf files and open them in Acrobat and then CTRL F search for the codes…

I received a question by email and it is a good one so I’m going to post the question and the answer: Can a medical provider claim a lien under NCGS 44-49 if the medical bills have been paid by the workers compensation carrier prior to injured worker pursuing a third part claim against a…

I am attaching below the letter I sent to three members of the North Carolina House Select Committee on Tort Reform. I believe that House Bill 542 may “look” good for business but have the unintended consequence of making North Carolina the WORST place for manufacturing in the entire United States. I’ve inserted a few…

The North Carolina House is set to discuss a “tort reform” Bill tomorrow H542 (they have not “officially” released it but NC Trial Law Blog has an advanced copy) that would grant immunity from suit to any product “regulated” by a State or Federal Agency. UPDATE: 4:24 pm March 30, 2011: The Bill has finally…

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…