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General Info
What is a Personal Injury Claim? (basic)
Do I Need an Accident Lawyer?
Finding an Accident Lawyer in Hawaii
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Maui, Kauai, Lanai & Big Island Injuries
Preparing a Claim or Case After an Injury
About Accident Lawyer Hawaii- Attorney Wm Lawson
Insurance Coverage for Injuries - Hawaii
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Arkansas Dept of Health v Ahlborn - limits on Medicaid liens
In the recent case of Arkansas Dep't of Health and Human Services v. Ahlborn, S.Ct. No. 04-1506 (U.S.S.C. May 01, 2006), the U.S. Supreme Court has ruled that federal Medicaid and anti-lien law precludes a state Department of Health and state AGs from recovering more out of a tort claimant's settlement than that portion of the settlement which actually represents reimbursement for medical payments. State third-party liability provisions attempting to recover a greater amount (such as 100% of medical expenses paid) are preempted by the federal law. Hence, for example, if the plaintiff's PI monetary settlement is only one sixth of the value of the plaintiff's claims, Medicaid can take no more than one sixth of the recovery.
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Accident Lawyer Hawaii
William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
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Recent Personal Injury and Car Accident News
In April of 2008 USAA was punished to the tune of $3.5 million in punitive damages for malice, oppression and fraud committed against a policy holder who bought one of its homeowners' insurance policies for a home in Oceanside, California, according to the Fresno Bee. The homeowner, a Marine captain who did 3 tours of duty in Iraq, suffered over $80,000 in water damage to his home and its foundation when a pipe burst as a result of construction performed during an addition to his home. Instead of promptly investigating and paying the claim, USAA found excuses to avoid payment and delay the resolution of the claim. The jury's verdict was apparenly intended to try to discourage such business practices. Colombero v. USAA, ___ (Cal. 2008)
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