11th Circuit Applies Four Year Statute Of Limitations To Repayment Claims By Medicare Advantage Plan In Personal Injury Cases
Crash. In an instant, another car runs a red light and crashes into your vehicle. All you remember is the sound of crunching metal and shattering glass. When everything stops moving, you are dazed. Then, you start hurting. Paramedics arrive and carry you to a local hospital for treatment. At least, you know your medical bills will be covered! You have a Medicare Advantage plan.
What happens if you later make a claim against the at-fault driver? What happens when you resolve that claim with the other driver’s insurance company?
I’ve written numerous times about the rights of Medicare, Medicaid and private health insurance companies to be repaid from your settlement. It’s a tricky area. It’s an area where a skilled lawyer can make a real difference, a big difference, in how much money you actually keep. In Alabama, we have several television and billboard lawyers who run settlement mills. This is where those billboard lawyers often just completely drop the ball. They don’t help their clients keep as much money as possible. What good is a settlement, if you don’t keep any of it? That’s wrong. Injured people deserve better.