Getting your fair share of the settlement
Bicycling and the Law - 911Law.com
Release Date: 08/02/2017
Nytro Women's Racing Team
Bicycling and the Law - 911Law.com
In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy.
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Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3
Bicycling and the Law - 911Law.com
In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements.
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Bicyclist guide to hiring an injury lawyer (Part 2 of 3)
Bicycling and the Law - 911Law.com
Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making.
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Bicyclist's Guide to Hiring an Injury Lawyer, Part 1
Bicycling and the Law - 911Law.com
How to find the best attorney to represent you. In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls.
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Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2
Bicycling and the Law - 911Law.com
Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy.
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Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2)
Bicycling and the Law - 911Law.com
Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast!
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California Legal Ethics
Bicycling and the Law - 911Law.com
What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics.
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Valuing the Loss of a Bicycling Lifestyle Part 2
Bicycling and the Law - 911Law.com
Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of Part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those.
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Valuing the Loss of a Bicycling Lifestyle Part 1
Bicycling and the Law - 911Law.com
Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes.
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Bicycle Store Test Ride Agreement
Bicycling and the Law - 911Law.com
Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document?
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When getting your fair share of the settlement, often the lawyer should put together a basic accounting. But what if your health care insurance company demands that you repay them from the settlement proceeds you receive? This is what Richard Duquette discusses in this episode. Tune in!
A Right to Reimbursement
One important thing to consider is that insurance companies know you need to factor in settlements, reimbursement claims, and lanes. On their end, they believe they have the right to be reimbursed.
There are a variety of liens to consider. Among them are super liens, government liens, medicare liens, and military liens. And although they exist to defend you in a case, lawyers also have the duty to protect these statutory liens.
Things to Consider
It may seem odd that after you've paid the premiums, insurance companies would ask you to repay them. It does not seem fair.
When it comes to insurance contracts, there a couple of things to consider. Among them are the nature of the contract, the summary plan description, the language used, the policy included, and the table of contents.
Settlement Case Examples
Looking back, there is a case called Sereboff v. Mid-Atlantic Medical Services, Inc. (2006). It encouraged individuals with the idea of not having to repay an insurance company.
However, the United States Supreme Court reversed it in a case called US Airways v. McCutchen (2013). They argued the paramount importance of the Erisa plan.
Here’s a list of references for Getting Your Fair Share of the Settlement:
- Sereboff v. Mid-Atlantic Medical Services, Inc. (2006)
- US Airways v. McCutchen (2013)
- Civil Code section 3045 et al.
To hear about Getting Your Fair Share of the Settlement, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!
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