Articles Posted in personal injury

Finally! After about 7 years of multiple protracted litigation on three separate cases, the United States Court of Appeals for the 4th Circuit has established in the matter of E.M.A. v. CANSLER, that Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) is the law of North Carolina and that the NC Supreme Court…

I was sent this brief “idiot’s guide” to dealing with Medicare and thought it was an excellent summary of the process. I’ve posted it in full, along with the contact information for a company that will help with the lien resolution process. I am not endorsing their product as I have never used their services.…

Two Hundred and Thirty-five years ago to the day, North Carolina was the first of the Colonies to authorize its delegates to declare independence from Great Britain. So how is this relevant to “tort reform” and the pending legislation called Senate Bill 33 in the North Carolina House? Well, this law, proposed by Rep. Johnathan…

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…

This post is somewhat of a departure from my “usual” posts about liens and other important (but dry )material and it is also a huge departure from my normal practice of completely ignoring “friend spam.” What’s “friend spam”? Well, you know how you get those “chain emails” from Friends or Friends of Friends about a…

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…

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…

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…

As I sat watching the AIG crisis unfold yesterday, I immediately started to think about the many structured settlements (annuities) that I have recommended over the years to my clients. Structures provide a great way to allow large sums of money to gain interest (tax free) for injured clients. I’m starting this blog entry to…

I received a good question today and thought I would share my thoughts on the issue. The question concerns Medicaid and “med pay”. In NC, Medicaid gets 100% of med pay (first party) insurance proceeds. The problem is that quite often physicians and chiropractors often receive the med pay before the lawyer is involved. Or,…