Liens in Personal Injury Actions
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Virginia Liens in Personal Injury Actions is the only publication of its kind in Virginia that is intended to help simplify the complexity that characterizes liens and to provide assistance to Virginia's trial lawyers in securing the maximum net recovery for clients.
If you represent plaintiffs in personal injury, medical malpractice or product liability cases, it is just as important to know what to do with your case settlement once you have obtained it as it is to obtain it in the first place. It is essential that you be able to properly advise your client of potential reimbursement obligations from the beginning of the case. Liens is a must-have for your practice if you're interested in maximizing recoveries for your clients and in closing cases with the "peace of mind" that you've met your ethical obligations, and properly disbursed settlement checks.
- New section on the apportionment of fees and costs of recovery by the employer in an arbitration
- A lengthy discussion of Wurtz v. The Rawlings Company in Chapter 3
- Chapter 6 has been heavily expanded relating to Medicare Reimbursement and Compliance
- Full text of important cases
- And relevant sections of Title 5 USCS (Government Organizations and Employees) and Title 29 USCS (Labor) as well as the Virginia Code
Filled with crucial information, practice tips, pointers, checklists, sample letters and sample forms, this edition will help you successfully navigate the latest developments in this dynamic area of the law, and prove to be an essential resource for your trial practice in Virginia.
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Table of Contents
Chapter 1 – U.S. MEDICAL CARE RECOVERY ACT "LIENS"
Chapter 2 – FEDERAL EMPLOYEE HEALTH BENEFITS ACT: RIGHT OF REIMBURSEMENT/SUBROGATION UNDER THE FEDERAL EMPLOYEES HEALTH BENEFIT ACT
Chapter 3 – ERISA REIMBURSEMENT: SUBROGATION: TIPS AND TACTICS
Chapter 4 – LIENS UNDER F.E.C.A. (Federal Employee Compensation Act)
Chapter 5 – THE MEDICAID LIEN AND OTHER LIENS OF THE COMMONWEALTH
Chapter 6 – MEDICARE REIMBURSEMENT AND COMPLIANCE
Chapter 7 – THE VIRGINIA WORKERS' COMPENSATION LIEN
Chapter 8 – OTHER STATUTORY LIENS (Includes liens by health care providers and liens for attorney fees)
Chapter 9 – CODE OF VIRGINIA
Chapter 10 – UNITED STATE CODE SERVICE
Chapter 11 – CODE OF FEDERAL REGULATIONS
Chapter 12 – SELECT CASE LAW