San Diego Injury Accident Attorney Blog Spot

Attorneys Fees on a Successful ERISA Motion on Health Plan | San Diego, CA

You should also be aware that the federal law of ERISA provides for the potential award of attorneys fees to a prevailing party-In Carpenters Health v. Vonder..

ERISA Subrogation Rights on a California Personal Injury Settlement

San Diego ERISA Plan Law Firm: On May 15, 2006, the United States Supreme Court decided the Sereboff v. Mid Atlantic Services, Inc., 126 S. Ct. 1869, 164 L. Ed.2d 612, authorizing ERISA plans to enforce reimbursement provisions against plan members for health care expenses recovered in personal injury cases. The court there held that actions for reimbursement proceeding under a constructive trust or equitable lien theory constituted "appropriate equitable relief" available under 29 U.S.C. Section 1132(a)(3). The court rejected the Sereboffs' claim that the make whole rule should apply to the plan's claim, which was essentially for equitable subrogation, as follows:

ERISA Subrogation | California Cases & Private Insurance | San Diego Injury Cases

Call San Diego Health Lien Subrogation Attorney Mark C. Blane at (619) 813-7955 to find out how you can Maximize your Personal Injury Settlement Today!

Origin of the Make Whole Doctrine | For San Diego Personal Injury Cases

The make whole rule developed as an equitable defense to health insurance subrogation claims. Therefore, it is important for you to understand in your San Diego personal injury case. Under the rule, an insurance carrier seeking subrogation was denied any recovery until and unless the insured was made whole. This raised the issue of how one determines when an insured is made whole in order to apply the rule!

Negotiating your Medical Bills | San Diego Accident Claim Lawyer

How is your attorney going to maximize your recovery when a settlement offer or judgment is made on your injury case? The answer lies in your attorney’s experience level in negotiating down your medical bills and with your own health insurance provider, which usually has an interest in getting paid back at the time of settlement.

California Health Lien Subrogation: How to Increase Your Injury Case Net Recovery

VIDEO BLOG: California Health Care Lien Subrogation Rights & How To Increase Your Personal Injury Net Recovery If you have been injured in a California car accident, you are probably trying to deal with your injury as well as handle the insurance company. The Law Offices of Mark C. Blane wants to give you as much information and education as possible to help you through this difficult time. Great advice and an experienced attorney are essential to maximize your settlement and negotiate your medical bills. Watch this video to learn more. Dealing with insurance companies can be difficult, and most people do not realize that they expect you to pay back proceeds received from a settlement.