Resolving Military Liens in Personal Injury Cases: Achieving Predictability and Finality

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, June 28, 2023

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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This CLE webinar will provide personal injury counsel for both plaintiffs and defendants with practical tips and considerations for resolving military liens, i.e., claims of the U.S. government to reimbursement, to maximize recovery, and ensure compliance in personal injury cases.

Description

The right of the federal government to reimbursement for care provided to the military and their dependents should be understood by every trial lawyer. Indeed, veterans themselves are not provided care without charge for non-service-connected disabilities, including when a tortfeasor or its insurer may be responsible for the cost of care.

Reimbursement claims by military health plans are rising. These claims are resolved differently and with different entities than Medicare or Medicaid liens that most personal injury lawyers may know about. Until these liens are addressed, the final settlement of personal injury claims should not occur.

Resolving and compromising military liens requires understanding the system. Legal and practical ways exist to lower the final lien amount. Strategic resolution of military liens will help attorneys maximize client recovery and ensure compliance during the personal injury claim settlement.

Listen as our authoritative panel of personal injury litigators and consultants discusses military lien resolution tactics and strategies to maximize settlement amounts and ensure compliance with state and federal laws and regulations.

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Outline

  1. Medical coverages available to those in the military and their dependents/survivors
  2. Federal Medical Care Recovery Act
    1. Independent right of recovery from responsible third parties
    2. Subrogation, assignment, and ability to intervene
  3. Two recurring problems
    1. Attorney fees and Tricare
    2. Claims against first-party auto insurance policies
  4. Strategies

Benefits

The panel will review these and other key issues:

  • When does the Veterans' Administration (VA) have a right of recovery?
  • Will the VA file its own lawsuit?
  • Does the VA offset for attorney fees/costs/expenses?
  • What is an "Attorney Protection Agreement" and does the veteran's attorney have to sign this document?
  • How long does it take to resolve all relevant liens?

Faculty

Cattie, John
John V. Cattie, Jr.
Managing Partner
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Place, David
David L. (Dave) Place, JD
Owner
The Place Firm

Mr. Place exclusively assists personal injury victims and plaintiff counsel with complex lien resolution problems using...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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