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The Interplay Between Your Health Insurance and Personal Injury Recovery

In a previous article, I explained why a plaintiff’s claims for medical expenses in a personal injury suit is not limited to actual out-of-pocket expenditures for medical care.  In other words, a plaintiff’s recovery in the lawsuit is not reduced by the amount of the medical expenses paid by the plaintiff’s health insurer instead of

10 Feb 2014

The Key Legal Trick to Getting Out of a Bad Contract

I often have clients ask me about getting out of unfavorable contracts they have signed.  Many times, the complaint is that the other party made some untrue statement or engaged in deceptive tactics in negotiating the contract.  However, in just about every contract drafted by a competent attorney—there is included what’s called a “merger” or

23 Jan 2014

Can an Injured Plaintiff Recover for Medical Costs Not Paid Out-of-Pocket?

When I have initial consultations with personal injury clients, many are confused about how their case is valued.  One of the most common misconceptions is the rule for recovering medical expenses.  Suppose Jane was injured by a reckless driver, requiring a hospitalization that cost $100,000.  Jane’s health insurance covers her hospitalization.  After Jane pays her

11 Jan 2014

Simple Negligence and Economic Losses Don’t Mix in Georgia

Here is a recent article of mine published in the Atlanta Bar’s Litigator Newsletter about the challenges of recovering economic losses for simple negligence in Georgia:  Economic Loss Rule Article      

20 Dec 2013

Three Ways an Insurance Company Will Dupe You After a Wreck

Insurance companies are crafty enterprises.  That craftiness goes into full effect when resolving personal injury claims.  Consider the case of Susan.  Susan recently had the misfortune of being badly injured by a reckless driver.  While recovering at home following her hospital discharge, Susan received a phone call from the reckless driver’s insurance company.  The representative on

18 Dec 2013