Personal Injury: If you Have ERISA Privately Funded Health Insurance
When you are the victim in a car accident and your primary care provider is an ERISA plan provided by your employer (generally a large corporation) , there is a likelihood that you will have to reimburse the health care plan for a portion of your medical expenses from over payouts you stand to receive due to your injury. Of course, your first course of action is to get better and receive necessary treatment after your accident. While all injury cases vary, a claim cannot be submitted on your behalf if you do not obtain treatment for your injuries. Therefore, upon seeking the treatment you need – it is in your best interest to contact an attorney. Read the rest of this entry »
New Changes to the Arizona Anti-Deficiency Statute:
What It Means for Homeowners
The Arizona State legislature in conjunction with Governor Jan Brewer recently passed a new bill amending the Arizona Anti-Deficiency Statute. As explained in a previous article on the Pak & Moring site, this law had generally served to protect borrowers by prohibiting mortgage lenders from suing a homeowner for the difference between the amount the property sold for at a foreclosure auction and the amount owed to the lender. This statute only protects homeowners in certain circumstances. Generally, a homeowner may not be sued by his or her lender if the property in question is located on 2.5 acres or less and is a single family residence or duplex. However, this statute only applies if the decrease in value is not due to the homeowner’s neglect. Read the rest of this entry »
Balance Billing or Provider Liens
An Important Note on Personal Injury Settlements
If you are fortunate to have health insurance, you may still be held liable for a portion of the cost of your medical care for injuries suffered as a result of an automobile accident. This is because the amount of money paid by your insurance company for your post-accident care is generally less than the amount billed for your treatment. Due to the nature of your injuries and the care provider’s knowledge that you will be receiving a financial settlement from the at-fault driver’s insurance, many medical providers will place a lien on your case. This type of lien is referred to as a balance billing lien. The balance billing lien is for payment of the difference between what the insurance paid your medical provider and what the original cost of your care happened to be. For an illustration of how this works with personal injury cases, see below: Read the rest of this entry »
Personal Injury: If you have AHCCCS
If you get hurt in an automobile accident, then your first priority should be to seek treatment for your injuries and get better as soon as possible. However, if your medical expenses are covered by the Arizona Health Care Cost Containment System (AHCCCS), you may run into several obstacles that may hinder the time and effort needed for your recovery. Read the rest of this entry »
Personal Injury: If you Have Medicare
If you find yourself injured from an automobile accident, your primary focus is to get better. However, this can also be a confusing time, as insurance companies may be contacting you for various details of the accident and the medical care you received. While all accidents are different, an experienced attorney would be invaluable in helping you navigate the waters of the personal injury process. Read the rest of this entry »
Personal Injury: If you Have Private Health Insurance
If you are hurt in a car accident, need medical attention, and have your own health insurance, your insurance should cover the cost of your treatment. Upon seeking treatment, your primary health insurance will cover as much as is mandated by your policy. Arizona case law dictates that these plans may not assert a lien (a form of security interest or legal claim to then recoup the money spent on you) on your case or seek subrogation to recover for medical costs paid to your providers on your behalf. However, you will still be responsible for all of your co-pays as well as any additional costs your primary health insurance does not cover. Read the rest of this entry »
Liens and Personal Injury: An Introduction
If you find yourself injured in an automobile accident, your primary focus is to get better. What you really want is to return to your pre-accident condition from a physical standpoint. However, this can also be a confusing time. In addition to focusing on your recovery, you will need deal with the insurance company for the at-fault driver. You may be contacted by numerous people who will want to know everything about the accident from the extent of the damage to your car to the nature and extent of your injuries, if any. The number of people that you might need to deal with can be overwhelming. Everyone – from your private health insurance, to your automobile insurance, to the at-fault driver’s insurance - must be contacted. Each of them will have questions regarding any injury you received and medical expenses you incurred. This process can be daunting and time consuming, particularly if you are navigating the insurance system by yourself. A knowledgeable attorney can manage all of the parties involved in your personal injury case and help you receive the appropriate health and auto insurance payments to cover the medical expenses involved in your recovery. A lawyer experienced at handling accident cases can maximize your recovery, often at no out-of-pocket cost to you. Read the rest of this entry »
Debt Collection Activities, continued
The for Arizona business owners, four most effective and common types of debt collection activities are the demand letter, mediation, arbitration, and litigation. The value of these processes varies in every case, but the explanations of each one are explained below. This is the last in a series of articles from the Pak & Moring law firm about debt collection and business contract law, and deals with arbitration and litigation as they relate to contract debt collection for a business. Read the rest of this entry »
Types of Collections Activities
The four most effective and common types of debt collection activities in Arizona are the demand letter, mediation, arbitration, and litigation. The value of these processes is all case-specific, but the particulars of each one are explained below. This is the fourth in a series of articles from the Pak & Moring law from about debt collection and business contract law. It deals specifically with the benefits of Demand Letters and Mediation to Arizona businesses, with Arbitration and Litigation discussed in the following article. Read the rest of this entry »
Affirmative Defenses
If a business is demanding debt repayment from a client, a common reaction of the debtor within the legal process is that of an affirmative defense, such as payment, or an argument that the work was sub-standard. This means that the defendant admits to the nonpayment of debt and provides a justification for that action. This is legally defined as admitting fault and “[a] defendant’s assertion raising new facts and arguments that, if true, will defeat the plaintiff’s or prosecution’s claim, even if all allegations in the complaint are true.” (Black’s Law Dictionary (7th ed. 1999); ) (Arizona Rules of Court 8(c)). It is possible that a business pursuing legal action against a customer might be faced with an affirmative defense on the debtor’s behalf. In this situation, however, the burden of proof resets on the party asserting the affirmative deference. Therefore, with experienced legal counsel, a company could navigate the waters of debt collection. If you are a business in need of legal help with debt collection, contact Pak & Moring to discuss your situation and see if we can help you through this process.
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