October 6, 2009
I need ADVICE {PLZ} on a lawsuit situation?
prettygirl_0515 asked:
o-k, my husband was in a car accident where he was the passenger. The driver died and my hubby was in a coma for 3 1/2 months and racked up medical bills that currently stand at half a million dollars. He didn’t have insurance and Medicaid picked up the tab. We settled with the insurance company for $75,000 (that was the max we could get) and the attorney gets a third of that, which leaves $50,000 that Medicaid is trying to take as reimbursement. We filed a suit requesting a hearing for a judge to hear our case and decide if and how much we will get. Now, a little bit about how my husband fared after waking up: He has a traumatic brain injury (TBI), difficulties with speech and short term memory, and some physical limitations such as a slight limp, favoring of the right arm, and his body has troubles regulating his body temperature. His eyesight was literately knocked off balance, and due to delayed reflexes, is not allowed to drive at present. Do you think there is a chance the judge could rule in our favor?
o-k, my husband was in a car accident where he was the passenger. The driver died and my hubby was in a coma for 3 1/2 months and racked up medical bills that currently stand at half a million dollars. He didn’t have insurance and Medicaid picked up the tab. We settled with the insurance company for $75,000 (that was the max we could get) and the attorney gets a third of that, which leaves $50,000 that Medicaid is trying to take as reimbursement. We filed a suit requesting a hearing for a judge to hear our case and decide if and how much we will get. Now, a little bit about how my husband fared after waking up: He has a traumatic brain injury (TBI), difficulties with speech and short term memory, and some physical limitations such as a slight limp, favoring of the right arm, and his body has troubles regulating his body temperature. His eyesight was literately knocked off balance, and due to delayed reflexes, is not allowed to drive at present. Do you think there is a chance the judge could rule in our favor?
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Comments on I need ADVICE {PLZ} on a lawsuit situation? »
You argue that essentially everything that you got was for pain and suffering. The attorney you had for the civil suit should help you with this.
Yes, it is very likely the judge will rule in your favor; Medicaid might get something (a small fraction or may be nothing). You should keep appealing; this process is administrative, quite informal; you do not really need a lawyer for it; though it is good to have one. The original attorney has an obligation to help you with this without additional fees. You should tell him/her so.
Definitely ask your attorney to handle the lien and continue appealling unfavorable rulings. I am a San Francisco Personal Injury Lawyer, however, law varies from state to state. But generally lien holders in cases like yours typically reduce their lien from anywhere from 0 to 100%. So, it is always a good idea to ask for the largest reduction first and also explain to the Judge the severity of your injuries and how this has effected your life.
One important thing to note and to ask your current attorney is what effect a settlement will have of your future medicaid benefits. There are instances where a settlement could disqualify you from receiving future medicaid benefits.
Sincerely,
Daniel Vega