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Accident Claimants Should Make Sure Their Attorneys Reimburse Medicare If Necessary

A Medicare beneficiary who is treated for injuries and then sues to collect compensation is required by Federal law to notify Medicare of the claim. When the claim is settled the plaintiff must reimburse any payments made by Medicare for treatment of the injuries involved in the claim. Make sure your attorney complies with the [...]

To Win An Accident Case Requires More Than Injuries You Must Have A Breach Of Duty

Inexperienced attorneys are often lured by serious injuries into taking cases with liability problems.  Clients sometimes believe that liability in accident cases is predicated on the extent of the injuries.  In a recent Florida case the plaintiff got drunk in a bar and then injured himself climbing on an artificial rock climbing wall. Stephen Barrett, then 35, was [...]

Statutory Cap on Attorneys Fees and Pain and Suffering Damages In Medical Malpractice Cases

Many People Are Unaware That California Has A Statutory Cap On Both The Amount Of Attorneys’ Fees and The Amount Which  A Victim May Recover For Pain and Suffering in Medical Malpractice Cases.

Since the 1970s California  has limited the amount of attorneys fees in medical malpractice cases to 40 percent of the first $50,000, 33 1/3 percent of the next $50,000, [...]

What Is An Offer To Compromise Pursuant to C.C.P. 998?

Lots of people ask me about Offers to Compromise pursuant to Code of Civil Procedure Section 998.

Here is a recent example:

Q: I sued my physician for medical malpractice. The 998 offer was for a monetary amount with no admission of liability. I decided to reject it because I wanted a full admission.  The [...]

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