Trial Lawyer View Blog

Trial Lawyer View, the go-to podcast for personal injury trial lawyers. Hosted by Jason D. Lazarus, a renowned attorney expert to fellow lawyers and author of The Art of Settlement & Litigation to Life. The podcast explores cutting-edge topics in personal injury law, covering best practices, firm growth strategies, and ways to accelerate success. As part of Peak Practice by Synergy, a community dedicated to helping to optimize personal injury practices, the podcast also delves into firm operations, marketing, technology, and more

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Reducing Medicaid Liens: Why Was the Ahlborn Case Such a Significant Victory for Injury Victims?

Heidi Ahlborn was injured in a very serious car accident in January of 1996. At the time, she was a nineteen-year-old college student pursuing a degree in teaching. She suffered a catastrophic brain injury that left her incapable of finishing college and unable to care for or support herself in the future. When the Arkansas Department of Health tried to assert a lien against Ahlborn’s settlement, she sued, and the case went all the way to the Supreme Court, who found in her favor.

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What are Your ERISA Plan’s Recovery Rights?

Most, if not all, ERISA health insurance plans state that injuries caused by a liable third party are not a covered expense and require reimbursement when a plan pays for injury-related medical expenses (often referred to as subrogation clauses). ERISA provides that health plans which qualify under its provisions can bring a civil action under section 502(a)(3) to obtain equitable relief to enforce the terms of the plan. Appropriate equitable relief is really the only enforcement mechanism an ERISA plan can utilize to address its reimbursement rights contained in the plan.

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