Almost two years ago now, Medicaid/Medicare liens became even more difficult to deal with as the law pushed to the lawyers and insurance companies the obligation of confirmation and resolution of Medicare/Medicaid liens. I’m sure betting an insurance company has yet to receive a fine for not verifying a lien…
Articles Posted in Litigation Strategies
Settlement Tactics in Large Personal Injury Cases
The Lawyers Logbook has an article on truck accident claims by John F. Romano that I really liked. I read a lot of articles by lawyers on handling personal injury cases. Honestly, you have to kiss a lot of frogs to find something interesting or useful. Usually, what you get…
“Go To” IME Doctors
Insurance companies have “go to” doctors for “independent” medical exams. These doctors operate by either (1) the sincere conviction that virtually no one is as hurt as they say they are or, (2) by financial motivation. My money is typically and cynically on the latter. There are some true believers,…
Motion to Enforce Settlement: Medicare Liens
I’ve never filed a motion to enforce a settlement and I don’t think anyone in my firm has. I think as far as I’ve come is threatening to file a motion, but it never comes to that. That streak may not survive as insurance companies continue to overreact to their…
Five Things You May Not Know About Liens
I read somewhere recently that making Top Ten lists really attracts readers. Regrettably, I don’t know ten things about fighting medical liens that I think you don’t know. But I know a few. I’ve been working harder and harder, trying to better understand the ins and outs of subrogation liens…
David Ball on Damages Part 2
Jake Brigance gave one of the greatest closing arguments ever in A Time to Kill. This remains true even though Matthew McConaughey has tried to cheapen my memories by making so many “not so very good” chick flicks. In the actual world, closing arguments rarely sway a jury like Jake…
Damages by David Ball, Part 2
Yesterday, I wrote that we would buy David Ball’s 3rd edition of “Damages.” Little did I know we had already ordered the book. I will write about things in this book that grab me, in no particular order at this point. Ball writes: “Among the hollowest of advocacy moments can…
David Ball on Damages
David Ball’s book, appropriately titled “Damages”, is now out. You have already bought the first two editions of a book that is just ridiculously priced, $105 for a paperback. Insane. Ball has never had a jury trial and is not even a lawyer. But buy it anyway. We will and…
Reading Jurors
The Legal Intelligencer has a blog with a smart title any trial lawyer would love: “Beware of the Smiling Juror.” In their heads, lawyers agree with the premise of the article which is: trying to read jurors is a complete waste of energy. But at trial, our hearts overrule our…
Putting the Conversation with the Defense Lawyer in Writing
It seems like Lawyer 101 advice: if you are making an agreement with the opposing lawyer, get it in writing. Few lawyers do it. There are two reasons for this. The first is laziness. If this is your problem, this blog post will not help. But I think another reason…