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Calculating Pain and Suffering in Personal Injury Cases

The category of damages called “pain and suffering” can sometimes be the eye-catching part of a personal injury trial’s outcome. For example, a recent case awarded a plaintiff $10 million for pain and suffering in connection with a severe injury suffered by a teenager on a homeowner association’s badly maintained swing set. Someone who has been injured and is considering filing a lawsuit should take a moment to understand what pain and suffering damages are and what their limitations rae.

The categories of damages in Nevada civil litigation

Civil trial damages are divided into three categories:

  1. Economic (or compensatory) damages can be thought of as the consequences of the defendant’s wrong actions that can be reduced to a firm dollar figure without resorting to abstraction. Past and future medical expenses, lost earnings, and property damage are examples of economic damages. The scope of economic damages can itself be a controversy at trial. For example, a person’s future earnings are contingent on many factors, like the person’s age, years to retirement, and career path.
  2. Punitive damages are sometimes awarded in cases where the defendant has acted especially badly. The aim of punitive damages is to make an example out of the defendant to deter others from behaving in the same way.
  3. Noneconomic damages tend to be difficult or impossible to quantify using commonly accepted formulas. Examples of noneconomic damages include humiliation, anxiety, grief, and loss of enjoyment. Pain and suffering are just two closely related variations of noneconomic damages.

The types of damages that a plaintiff can seek in a case depend on the nature of the claim, the parties involved in the case, and other factors. Economic damages tend to be available in almost every case that isn’t simply barred on other grounds. But noneconomic damages can be subject to caps or even prohibited altogether. Such restrictions are usually contained in statutes that are designed to limit the liability risk of certain activities. For example, Nevada law limits noneconomic damages in professional negligence cases (e.g., medical malpractice) to $350,000. NRS 41A.035.

How are pain and suffering damages calculated?

A plaintiff’s claim for pain and suffering, or other forms of noneconomic damages, must be fair and reasonable and may not exceed any applicable statutory cap. Like all damages, pain and suffering also must be proven with evidence. The greater a showing the plaintiff can make of the tribulations suffered due to the defendant’s wrongful actions, the greater the potential damages award. Unlike a plaintiff’s medical bills, pain and suffering isn’t so much a matter of math as one of reasoned argument.

Proving pain and suffering requires a careful collection of hard evidence, like photos and medical records. Documentation of the plaintiff’s medical condition, such as x-rays, can be especially persuasive. Oral testimony can also be vitally important. The plaintiff’s family members, friends, occupational therapists, and others can help to paint a picture of how the plaintiff’s life has changed after the incident.

GGRM is an experienced personal injury law firm in Las Vegas

The law firm of Greenman Goldberg Raby Martinez has represented injured clients in the Las Vegas area for over 45 years. If you have been injured in an accident and would like to speak to an attorney at no cost, please give us a call today at 702-388-4476. We can also be reached through our contacts page.

Seeking Compensation for Child Care After an Injury

Parents and other guardians of children can find that caring for a child after a serious injury is significantly harder than it was before the injury occurred. Routine tasks like lifting, driving, doing laundry, or cooking may no longer be possible while recovering from the injury. As a consequence, it may be necessary to hire outside help. Plaintiffs in this circumstance sometimes wonder if they can include the cost of child care in their personal injury lawsuit claims.

Nevada law allows plaintiffs in personal injury cases to include “replacement services” in the scope of the damages that are demanded in a lawsuit. Replacement services essentially covers things that the injured person used to do for themselves, but now must hire an outside person to do. This includes cooking and cleaning, and also includes taking care of children.

Replacement services are a form of economic damage, because they can be tied to real-world numbers. The actual cost of hiring a nanny or housekeeper, hiring a driver to take the kids to school, or hiring someone to cook can be proven with actual invoices or, if the plaintiff hasn’t been able to afford such services before the lawsuit begins, with reference to estimates or averages taken from services available in the plaintiff’s community.

As with other forms of damage, the cost of replacement services must be proven with reasonable certainty to be recoverable. Making a full accounting of the cost of child care will require consideration of a range of factors that include the anticipated likelihood of the plaintiff’s recovery to resume providing child care, and the age of the children involved (i.e., how long replacement services will be needed).

Although parents may seek to recover the highest possible compensation for child care services, courts may place some limits on what can be recovered. For example, a court may consider it unreasonable to provide plaintiffs with sufficient compensation to allow for a full-time, professional caregiver if the plaintiff’s circumstances would allow for a less expensive alternative. If prior to the injury the plaintiff shared child care responsibilities with another adult, the defendant may only be held liable for replacing the plaintiff’s services alone.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation for personal injuries. We are proud of our long history of providing caring, thoughtful service to each client. We work hard to take every part of a client’s life into consideration as we develop our cases. Please call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Understanding the Components of a Personal Injury Settlement

For a variety of reasons, few personal injury cases ever go to trial in front of a judge and jury. Instead, the parties in the dispute resolve their differences by negotiation. When the litigants settle their dispute, they avoid the big investment of time and financial resources that is required for a full trial. The time element is often crucial: injured plaintiffs need compensation from defendants to pay bills, and defendants often want to end the dispute to avoid piling up legal fees.

Settlement negotiations usually take place after lawsuits are filed

Settlement agreements arise from litigation, which means that the injured plaintiff typically has already filed a civil lawsuit against the defendant. By filing a lawsuit the plaintiff ensures that if the defendant refuses to come to terms, the option of going to trial always exists. Sometimes a lawsuit needs to be filed to ensure that the relevant statute of limitations doesn’t expire while negotiations are ongoing. Other times a lawsuit is necessary just to bring the defendant to the negotiating table.

One consequence of having litigation underway is that the court plays an important role as a kind of referee during the process. Courts strongly encourage cases to settle because it saves court resources for other, potentially more serious cases. But until a case settles the procedures of the court must be followed. Parties can still ask the court to require the other side to do certain things, such as disclose evidence.

The settlement agreement needs to protect the plaintiff’s interests

Negotiating a fair settlement is as much an art as a science. Settlements need to take into account many different components, including:

  • The facts of the events that caused the injury.
  • The expenses the plaintiff is facing as a consequence of the injury.
  • The defendant’s resources (insurance, cash and other liquid assets, anticipated income, and so on).

In a full trial issues like these get evaluated by the fact finder (the judge and/or jury). A settlement takes place without the benefit of this unbiased examination of facts. The parties need to come to grips with disagreements on their own. The calculation of damages is a good example of a subject that can involve difficult negotiation. Should the defendant agree to compensate the plaintiff for more than easily calculated costs, like prior medical bills? Or should the defendant also be put on the hook for less easily quantified amounts, like the plaintiff’s pain, anticipated future costs, and so forth?

The settlement agreement itself is a binding contract, which the court must approve before terminating the litigation. The agreement itself typically provides for a range of things, including:

  • The total amount of compensation the defendant agrees to pay, often itemized.
  • A payment schedule (especially common if the defendant will pay from his or her personal resources).
  • A release of the defendant from liabilities that aren’t otherwise covered.

Negotiating settlements is at the heart of the work personal injury attorneys do. Having experienced representation is essential to getting the most from a negotiation. The attorneys at Greenman Goldberg Raby Martinez have represented injured clients in the Las Vegas area for over 45 years. For a free attorney consultation about your case call us today at 702-388-4476 or send us a request on our contact page.

Should You Sign an Insurer’s Damage Release Forms?

One of the ways an insurance company manages its risk of losses is to require insured people to sign damage release forms. A damage release provides that the insurer has satisfied its obligations with respect to a particular claim. The typical case where a release form is requested comes when an insurance company makes a payment which, in its view, satisfies its obligations toward the insured with respect to a claim.

In a simple case, such as when the insured has made a claim for well-understood and easily quantified property damage, providing a release may have little downside. But in more complex cases, damages may only come to light over time. Cases involving personal injury are often like this, simply because recovery doesn’t always follow a predictable course. People who are dealing with complicated situations should be mindful of a couple important features of damage releases.

The first is that a release may not be completely obvious. Although an insurer may risk being accused of bad faith or unfair tactics, it may nevertheless try to “hide” a damage release. It might do this by incorporating the release into a bigger document that it asks the insured to sign. Or it may make the release automatic upon the insured cashing a check. Reading everything the insurance company sends to you is critically important. Don’t be afraid to ask questions.

A second important feature is that a valid damage release may prevent reopening a claim. The reason insurance companies ask for releases is to give them certainty that their obligation with respect to a claim is finished. There are perfectly valid reasons why insurers want to do this. It helps them close their financial books and keep tabs on their risk. But for the insured it can also create a significant problem if the initial claim didn’t capture the full scope of losses from an incident. By signing a damage release the insured may close—and lock—the door to getting additional coverage for a loss. A sympathetic agent at the insurer may have no option to reopen the claim once the release has been signed.

In a case where the injured person is being helped by an attorney the best course of action is to let the attorney handle the insurance process. An experienced personal injury attorney has the training to understand the technicalities of insurance claims and can recognize when something isn’t right. Protecting clients from inadvertently signing away their rights to better coverage is just one small part of the bigger picture.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases. Our attorneys are available for free consultations to discuss your injury, your insurance options, and the legal particulars of your case. We can be reached at 702-388-4476, or ask us to call you through our contact page.

Factoring Psychological Effects into Personal Injury Damages

The psychological consequences of an injury can be long-lasting and severe. However, psychological injuries differ significantly from their physical counterparts. Unlike a broken bone, an injured person’s depression or post-traumatic stress disorder (PTSD) won’t show up in a conveniently objective medical scan. Instead they need to be proven by psychiatrist testimony, evidence about the person’s changed behaviors, and so on. Among the challenges of proof is the need to reduce a victim’s psychological trauma to a dollar figure that can be factored into a claim for damages.

What types of psychological harm can come from injuries?

Suffering a serious injury is often a traumatic event, followed by a string of further stressful experiences. The injury itself might come about because of a violent car accident, a dog attack, or even a slip and fall resulting in broken bones. The pain and fear of the event itself can lead to psychological consequences. But the aftermath of the injury can also have side effects: lost work, long-term difficulty with sleeping, an inability to enjoy life, and so on. Some of the psychological consequences of these things can include:

  • Depression
  • Anxiety
  • PTSD
  • Changes to personality
  • Mood swings

What sort of compensation is available for psychological injuries?

In a lawsuit for personal injury the aim is to get the injured person compensation for the costs (or damages) related to the injury. The term damages includes concrete things like medical bills and lost earnings, and can also include more abstract notions like pain, suffering, and loss of enjoyment. Calculating the amount of damages a plaintiff is owed is a complex and contentious part of any personal injury lawsuit.

To recover damages the plaintiff must prove several things. First, the defendant’s wrongful behavior must have been the legal (or proximate) cause of the damages. For example, a plaintiff who was already addicted to opioids at the time of the accident may be unable to recover damages for his or her ongoing addiction, even if that addiction was made worse by the accident. Second, the damages must be proven by evidence. For psychological injuries this element can be difficult. The costs associated with treating the psychological condition, such as psychiatry bills and medication, may be only one part of the whole. A plaintiff’s attorney can find ways to build a strong case for compensation that fully captures the consequences of the injury.

GGRM is a Las Vegas personal injury law firm

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation for personal injuries. We provide each client with personal, caring service. If you have questions about how psychological factors may affect your personal injury claim, please call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Can a Personal Injury Plaintiff Recover Compensation for Weight Gain?

Weight gain is a common side effect of injuries and long-term illnesses. Pain and loss of mobility often limit the injured person’s ability to stay active. Some people, especially those who are normally very active, like runners, find that their ordinary diet gives them more calories than they need. And some medications used to treat pain also can also contribute to weight gain. There are strategies that can help mitigate the problem, but in many cases weight gain is outside the individual’s control.

When an injury leads to a civil lawsuit the object of the plaintiff is to recover compensation from the defendant for the consequences of the injury—what in legal terms are called damages. Among the things that a plaintiff must prove to recover for any form of damages are two important requirements: justiciability and causation.

The justiciability (practicality) of weight gain damages

“Justiciability” simply means that the issue in question is of the sort that a court can solve as a legal and practical matter. There are lots of things that a court can’t do. Some of these things come from the legal rules governing the courts, from constitutional principles to specialized rules of procedure. Other things are simply practical limits. A court can’t order a defendant to take the plaintiff’s excessive weight away.

This is why damages for things like pain, suffering, or weight gain need to be reduced to dollar figures. Ordering someone to pay another person money is a straightforward and concrete solution to many problems. But putting a monetary value on a nonmonetary problem (in legal terms, noneconomic damages) is not always easy. A plaintiff who claims noneconomic damages bears the burden of proving that the damages have been calculated fairly and accurately. For weight gain, this calculation might include factors like long-term health consequences, emotional or psychological challenges related to weight, and so on.

Causation and weight gain

To recover any kind of damages the plaintiff also must show that the damages were caused by the defendant’s wrongful action. After all, if the defendant didn’t cause the harm, it would be unjust for the court to include it in the damages award. It is sometimes relatively straightforward to draw the link between damages and the defendant’s behavior. If the defendant ran a red light and smashed into the plaintiff’s car, there’s a clear connection between that event and the plaintiff’s resulting medical bills.

Causation can be a tricky area for weight gain. Unlike a broken arm, weight gain is a slow process that can have a wide range of causes. To avoid liability for the plaintiff’s weight gain the defendant could raise a number of arguments. A common strategy is to find another, intervening cause of the problem. For example, if the plaintiff began to eat a lot of high-calorie food after the accident, despite a doctor’s recommendation to stay on a restricted diet, perhaps the plaintiff was responsible for the gain.

Plaintiffs who want to claim weight gain among their damages must anticipate arguments like these. Each case requires its own set of solutions. Testimony from the plaintiff’s doctors, scientific evidence of how weight gain is a consequence of the injury, and other forms of evidence can be used to show the causal relationship between the defendant’s actions and the weight gain.

GGRM is a Las Vegas personal injury law firm

For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. We treat each case with the personalized care it deserves, and help clients recover compensation for the full range of damages for their injuries. Call us today for a free, confidential attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.

What to Do if a Defendant Doesn’t Pay

Getting a favorable court judgment in a personal injury lawsuit, whether as a result of a full trial or through a settlement agreement, often is not the last challenge for injured plaintiffs. Collecting on the judgment can, in some circumstances, be a challenge as well. Some defendants aren’t able to pay the amount they owe, while others are willing to risk being held in contempt by withholding payment out of spite. In a negotiated settlement agreement, plaintiffs can require defendants to deposit funds into an escrow account as part of the settlement, but absent such an arrangement plaintiffs sometimes need to take extra steps to recover what they are owed.

If a defendant doesn’t pay within a reasonable time it can put the plaintiff in an increasingly difficult financial position. The reason the plaintiff has brought suit in the first place is to recover compensation for the costs associated with the plaintiff’s injury. Many people who suffer injuries take on debts for their immediate medical needs. They also often have to take time off work, which can force them to miss payments on credit card bills, mortgages or rent, phone bills, and so on. Late fees and the threat of worse—damaged credit ratings, foreclosures—will continue to mount until the defendant makes the plaintiff whole.

Unfortunately, this is a common problem. Personal injury lawyers help their clients pursue a range of avenues for collecting from unwilling defendants. There are a few mechanisms available:

  • Building collections into a settlement. As mentioned above, in some ways plaintiffs can protect themselves by reaching a settlement agreement with a defendant who may not be able or willing to pay on a judgment. Plaintiffs need not accept a settlement that doesn’t make adequate provision for the financial side of the deal. Settlements can provide for structured payment plans that can provide defendants with a practical way to pay down their liability, which can be especially attractive for defendants who must pay out of their personal assets (as opposed to an insurer).
  • Go after the defendant’s property with a writ of execution. The owner of a judgment can ask the court to issue what is called a writ of execution, which authorizes the plaintiff to take possession of certain specified property owned by the defendant, such as cash or investments. To enforce a writ of execution the plaintiff may need to hire a professional collection agent, who specializes in tracking down property that the defendant may not be willing to part with.
  • Garnish the defendant’s wages. If the defendant has a job the plaintiff can ask the court to order the defendant’s employer to withhold a portion of the defendant’s wages, up to a statutory maximum.
  • Place liens on the defendant’s property. Although a plaintiff may not be able to force a defendant to sell a primary residence to pay the value of a judgment, the plaintiff may be able to place a lien on the property so the defendant can’t sell without satisfying the judgment debt. Liens like this are typically junior to liens held by mortgage lenders, which means their primary purpose is to tie down the defendant’s assets while the debt is outstanding.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases. We work closely with clients to help them recover what they are owed. If you have been injured and you have questions about your case, please reach out to us for a free attorney consultation. We can be reached at 702-388-4476, or ask us to call you through our contact page.

Getting Adequate Compensation for Spinal Injuries

Spinal injuries can be devastating and lead to life-long challenges. Nerve damage is profoundly difficult to treat and typically leads to long-term pain that must be treated with powerful medication. Paralysis can force dramatic lifestyle changes and impose significant costs. When a spinal injury leads to a personal injury lawsuit compiling a complete calculation of damages is one of the important considerations for the injured plaintiff’s attorneys.

Accounting for the full scope of damages

In any personal injury lawsuit the calculation of damages can be a hotly contested topic. Defendants naturally hope to limit their financial obligations. Insurance companies in particular have deep experience in defending themselves from liability. As such, the plaintiff’s damages calculations need to be compiled with care.

Spinal injuries often involve categories of damages that extend well into the future. The scope of damages will depend on the plaintiff’s specific circumstances, but probably will include things like these:

  • Pain and suffering, with consideration for the long-term problems the plaintiff will face.
  • Medical bills, which includes costs of the immediate treatment to stabilize the injury as well as long-term rehabilitation.
  • Lost wages for anyone who will no longer be able to continue working.
  • Costs to modify the plaintiff’s home.
  • Costs related to specialized transportation accommodations, such as modifications to a car or the purchase of a vehicle with hydraulic lifts.
  • Costs of psychological care.
  • Impacts on family members.

Calculating damages is often a more difficult process than one might at first assume. Financial costs that can be readily quantified, like medical bills, may be relatively easy. But many damages are contingent. A person’s lost earnings will depend on the severity of the plaintiff’s disability and other factors. Estimating the plaintiff’s long-term medical challenges may require testimony from medical experts who can attest to the suffering the plaintiff may expect to endure. In some cases the plaintiff may also need the help of forensic accountants, who specialize in calculating damages in complex cases where difficult estimates such as long-term business losses need to stand up to counterarguments from the defense.

Talk to a Las Vegas personal injury firm about your case

The law firm of Greenman Goldberg Raby Martinez has a long history of representing injured clients in the Las Vegas area. If you have suffered a spinal injury and would like to explore your legal options, please contact us today for a free, no-obligation attorney consultation. We can be reached at 702-388-4476 or through our contacts page.

Who Can Collect on Wrongful Death Claims?

When a person dies due to another person’s negligence the legal system offers a number of responses. Any time someone causes another person’s death there will be a criminal investigation, which may result in prosecution by the state. Depending on the facts of the tragedy, the responsible person might be prosecuted for involuntary manslaughter or second-degree murder. The criminal prosecution may result in jail time for the defendant. In some circumstances the criminal court may also order the defendant to pay financial restitution to the deceased person’s estate.

The criminal justice system does not fully compensate victims

The criminal justice system’s ability to compensate victims is limited in a number of important ways. Criminal courts are constrained in the kinds of financial compensation they are allowed to grant to victims of crime. Convicted criminals can be ordered to pay restitution for economic damages, which includes things like medical costs, funeral expenses, and lost earnings. But a criminal court cannot order the defendant to pay compensation for the victim’s pain and suffering, or the emotional and life-altering harms suffered by the victim’s family.

Criminal prosecutions may fail to serve the interests of victims in other ways. Prosecutors may prefer to save resources and reach a plea deal that leaves out restitution altogether. The prosecution may take a long time. And due to the high standards required for conviction, the defendant may be acquitted.

Wrongful death offers family members a path to compensation

A civil claim for wrongful death is often an appropriate remedy for qualified plaintiffs who want financial compensation from the person responsible for causing another person’s death. A claim for wrongful death can seek compensation for a range of harms related to the death. In addition to economic losses associated with the deceased’s injuries, plaintiffs can also pursue compensation for their grief, loss of support, loss of companionship, and the pain and suffering of the deceased. These categories often capture significant losses.

Nevada law provides that only certain people have standing to bring a wrongful death claim. Two categories of people have standing. The first category is the deceased person’s personal representative. This typically means an estate lawyer or executor. The second category covers the deceased person’s legal heirs. These are the people identified in a will or, if there was no will, by applying default rules.

Wrongful death lawsuits can unwittingly give rise to conflicts among heirs and personal representatives, each of whom may have valid claims. This can be especially problematic if the defendant’s resources are limited. Ideally everyone involved in the lawsuit will agree upon the suit’s goals and how any financial awards will be allocated among them. If the plaintiffs have significant disagreements, especially if there is a significant potential recovery available, the parties may need to hire separate attorneys and negotiate a coordinated strategy amongst themselves.

GGRM is a Las Vegas personal injury law firm

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has been committed to giving our clients the personal, caring attention they deserve. We represent clients in cases involving personal injury, including wrongful death. We work closely with clients to relieve them of the burden of protecting their interests and defending the legacy of their loved ones. For a free attorney consultation, reach out to us today at 702-388-4476, or contact us through our website.

Medicare Reimbursements from Lawsuit Settlements

After suffering a serious injury the first priority is always to seek medical care. Ideally the injured person is insured, so that the insurance company picks up most of the initial costs of emergency care and any costs associated with follow-up treatments. If the injury also leads to a personal injury lawsuit, the insurer typically will demand that it be reimbursed from any settlement or final judgment award in a process called insurance subrogation. The same is true of Medicare, which has unique requirements for recipients who receive covered care for expenses that are later made part of a settlement.

Placing Medicare subrogation in context

Putting aside the jargon for a moment, it’s worthwhile thinking about what a personal injury lawsuit is for. The goal of filing a lawsuit is to recover compensation for all of the various costs associated with the injury, by making the person responsible for the injury also responsible for those costs. Although medical bills tend to be a substantial part of the damages a plaintiff seeks to recover, other costs like lost earnings and noneconomic factors like pain and suffering are also a component. The object of filing a lawsuit is not to give the plaintiff a big financial windfall.

In that light, insurance subrogation makes sense. Essentially the insurer that provides coverage for someone who later files a lawsuit can be thought of as having borne costs that were the defendant’s obligation. The insurer therefore naturally should be reimbursed. It would not be fair to the insurer or the defendant if the plaintiff could walk away with the cash value of medical care that the insurer has already paid for. In technical terms, Medicare is a secondary payer, while the defendant is the primary payer.

How Medicare’s right to reimbursement works

Medicare recipients must comply with a range of important requirements, beginning with the accident itself. By law Medicare is entitled to a lien on any settlement or judgment award paid out in connection with injuries that it covers. What this means in practice is that the injured plaintiff cannot receive any financial compensation until Medicare releases the lien, typically after it has determined that it has been sufficiently reimbursed. Here is a summary of the major components of Medicare’s process:

  • Preliminary notice. Notify the Medicare Benefits and Recovery Coordination Contractor (BCRC) of the injury and the facts of the accident that caused it. It’s important to get this notice submitted as soon as possible after the injury, in large part because Medicare can take a long time processing these notices.
  • Monitoring by Medicare, and monitoring Medicare. The preliminary notice sent to Medicare will trigger a review of the plaintiff’s file and ongoing monitoring for new costs. Medicare will eventually send what is called a conditional payment letter setting out in detail the charges that Medicare believes are related to the plaintiff’s legal claim. It is the plaintiff’s responsibility to correct any errors in the conditional payment letter, which can happen if the plaintiff is being treated for conditions other than the injury subject to the lawsuit. For example, if the plaintiff suffered a broken leg in a car crash, but later suffers a burn that requires medical care, Medicare may lump the treatment of the leg together with the burn on the assumption that the two were related. The plaintiff needs to get the burn’s costs taken off the list to prevent Medicare from seeking reimbursement for it from the defendant.
  • Notice of settlement. Personal injury cases typically reach a settlement without going to trial. Once settlement is reached Medicare must be informed as soon as possible. Medicare is told how much the settlement was for, the amount of attorneys’ fees, and other details.
  • Appeals process. Medicare uses the settlement information to compile a final demand letter setting out the amount it believes it is owed. This amount must be paid or appealed within 60 days. In rare cases Medicare will adjust their final demand amount, but by this point it is often difficult to get adjustments made.

This is only an overview of some of the issues that arise for a Medicare recipient who is seeking compensation for an injury. Given the stakes involved, the correct approach is always for the attorneys handling the personal injury case to also assist with the Medicare compliance process. Making mistakes with the Medicare process can lead to long, frustrating delays that are best avoided.

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation in personal injury cases. We help clients navigate the Medicare process and get the compensation they deserve. Call us today for a free attorney consultation at 702-388-4476 or send us a request on our contact page.