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Archive for the Personal Injury Law Category

New York Personal Injury

New York Personal Injury

What to expect when you are injured in a New York accident! In our continuing efforts to aid those who have been injured in a New York accident, we are pleased to announce the release of our new eBook, New York Personal Injury – What to expect […]

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Notice of Claim against the City of New York

Notice of Claim against the City of New York

Notice of Claim If you or a loved one is injured in an accident that was due to the fault of a municipal agency such as the City of New York, there are notice of claim requirements that must be met before you can bring a law […]

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New York Social Services Law § 104-b and Liens on Personal Injury Claims

New York Social Services Law § 104-b and Liens on Personal Injury Claims

Medicaid Lien Medicaid is a jointly administered program by the Federal and State government.  If you have received Medicaid benefits for payment of medical expenses related to a personal injury claim or lawsuit, Medicaid may assert a lien for those Medicaid expenses arising from the claim. Medicaid’s rights in […]

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NJ Unsatisfied Claim and Judgment Fund

NJ Unsatisfied Claim and Judgment Fund

NJ Unsatisfied Claim and Judgment Fund In New Jersey, if you are a pedestrian injured by a car that was uninsured or by a hit-and-run driver and you do not own a car or live with a family member that owns a car you may be able […]

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ERISA Liens and Personal Injury Settlements

ERISA Liens and Personal Injury Settlements

ERISA Liens and New York Personal Injury Settlements The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for the individuals participating in these plans. When […]

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New York Serious Injury Law and Disc Herniations

New York Serious Injury Law and Disc Herniations

New York Serious Injury Law and Disc Herniations Defendant’s Burden to Establish the Lack of a Serious Injury If you are injured in a car accident in New York, the law requires that you establish that you sustained a “serious injury.”  In a case where the car crash victim […]

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New York General Obligations Law § 5-335

New York General Obligations Law § 5-335

New York General Obligations Law § 5-335 Limitation of Non-statutory Reimbursement and Subrogation Claims The General Obligations Law now prohibits health insurers and other benefit providers from seeking reimbursement from the proceeds of any settlement of personal injury, medical malpractice or wrongful death actions for medical services […]

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HIPAA – Patient’s Access to Medical Records

HIPAA – Patient’s Access to Medical Records

HIPAA – Patient’s Access to Medical Records Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), a patient has a right to obtain a copy of his or her medical records. Certain exceptions apply where access to such medical records may endanger the health or […]

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Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The Right to Reimbursement Medicare and Medicaid have subrogation rights and a “right to reimbursement” when a person that has received Medicare or Medicaid benefits recovers an award from a personal injury action. There are many theories and ideas floating around that suggest […]

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Personal Injury Settlements and Child Support Judgments

Personal Injury Settlements and Child Support Judgments

Personal Injury Settlements and Child Support Judgments New Jersey Claims What happens when you receive a settlement offer for a personal injury claim but are a judgment debtor for child support within the State of New Jersey? New Jersey Statute N.J.S.A 2A:17-56.23b(1)(a) provides that a judgment for […]

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