Easy Law Finder

Author: Elf

  • When is it advisable to obtain a Medicare Set-Aside Arrangement?

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    When should a Medicare Set-Aside be considered? At present, if a client has a workers’ compensation claim that is settled either on its own or in conjunction with a third-party claim, it may be appropriate to consider a Medicare Set-Aside in order to protect their future eligibility for Medicare benefits. An MSA should be considered…

  • What is the Legal Basis for Medicare Set-Asides?

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    A Medicare set-aside (hereinafter MSA) is a tool that allows injury victims to preserve Medicare benefits by setting aside a portion of the settlement money in a segregated account to pay for future Medicare covered services.? The funds in the set aside can only be used for Medicare covered expenses for injury related care.? Once…

  • What is the minimum amount of losses that would justify filing an opt out case?

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    Investors don’t have to experience losses in the tens of millions to justify filing an individual action. Each case is different. However, based on the specific details of the case, investors with losses below $5 million may not have incurred enough damages to justify filing an individual case.

  • How much of our time will this take?

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    Initiating a personal action or choosing not to participate in a collective action will require more time compared to staying as a nonparticipating class member, which demands minimal time. The amount of additional time necessary will vary based on the particular circumstances of each case and the extent of involvement desired by the individual client.…

  • How much of my investment loss can I recover in a opt out case?

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    In previous opt out cases, the settlement amounts generally ranged from 20% to 40% of the damages suffered by the claimant, although the result varies depending on the specific circumstances of each case.

  • What is the process of opting out in a legal action?

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    When a member of a class chooses to exclude themselves from the class and pursue an individual legal action, this is referred to as opting out. Opt out litigants have full control over their cases, have the decision-making power to accept or reject settlement offers, and can actively communicate with their attorneys to ensure their…

  • What is a personal securities fraud action?

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    In a securities fraud class action, the main claimant generally alleges that defendants violated the federal securities laws by issuing false or misleading statements artificially inflating the stock price of the accused corporation; investors purchased the stock at the artificial price; and, when the truth was revealed, the stock price declined significantly and the investors…

  • What Types of Damages Am I Entitled To if I Have Been Injured in a Vehicle Collision?

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    If you have been involved in a vehicle collision, you may be entitled to a wide variety of damages. You may be entitled to recover for certain financial losses you suffered, including bills for vehicle repairs as a result of damage in the collision, as well as past medical expenses and expenses for future medical…

  • How Soon After an Accident Should I Pursue Medical Care?

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    It is advisable to pursue medical care as soon as it is safe to do so following your involvement in a car accident. The earlier you seek treatment, the sooner a skilled healthcare professional can evaluate the severity and type of your injuries, initiating the potentially lengthy healing process.

  • Why is it important to enlist the help of a lawyer to resolve my car accident claim?

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    Insurance companies will frequently advise against hiring a lawyer to handle your injury claim stemming from a car accident. Nevertheless, a legal professional will guarantee that you present a strong argument during negotiations with the insurance company of the other involved driver. A skilled attorney specialized in car accidents understands the crucial evidence necessary to…

  • What happens if I decide to file a personal injury claim?

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    If you choose to pursue a claim, you will become the plaintiff and the opposing party will become the defendant in the case. Both your legal representative and the defendant’s legal representative will begin the “discovery” process. This process involves gathering facts and evidence and exchanging documents in order to prepare the case. You may…

  • What constitutes a personal injury claim?

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    A personal injury claim refers to a civil (or, more precisely, non-criminal) action that can be initiated when someone experiences injury, harm, or death due to the negligent, reckless, or intentional behavior of another individual. The party making the claim is referred to as the “plaintiff,” while the entity being accused is known as the…

  • What is pre-paid interest?

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    This is interest due from the date of a loan closing to the first day of the following month. Most loans require payments to be due on the first day of the month. Each monthly payment reflects the principle and interest due on the loan for the previous month. A loan closing on the 20th…

  • What is a Real Estate Transaction Summary (RES-1)?

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    This is a summary of the financial portion of the property transfer. The RES will list the purchase price, loan amount, closing costs for both the buyer and seller, and display all pro-rations and sums to be disbursed by the title company to all parties.

  • What type of issues can be uncovered through a title search?

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    When do search and seizure rules come into effect? What types of issues can a title search unveil? What does a title search entail? A title search can uncover various categories of flaws in ownership, liens, burdens, and limitations. These include outstanding tax payments, easements, unsettled mortgages, legal decisions against the property owner, and limitations…

  • What does property tax pro-ration entail?

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    Property tax pro-ration refers to the practice of assigning responsibility to either the purchaser or seller for their portion of the real estate taxes payable on the property during their respective periods of ownership. The taxes are prorated either retroactively or proactively up to the property tax deadline.

  • What is a “Smith Trust” or “Certified Pay Trust”?

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    If a government assistance applicant’s income surpasses the legal threshold for eligibility, a Certified Pay Trust needs to be established using the applicant’s income to attain qualification for long-term nursing home care benefits. This legal document is alternatively referred to as a Smith Trust. It is an unalterable trust. The Certified Pay Trust necessitates cautious…

  • What Determines If Medicaid Will Pay For My Nursing Home Care?

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    If you satisfy the criteria of being a U.S. citizen or eligible alien, a resident of Florida, and at least 65 years old or disabled, then your eligibility for Medicaid will be assessed based on your income and resources (assets). Income comprises various sources such as wages, benefits from Social Security, pension, and Veteran’s benefits.…

  • Why should I use a specialized attorney in elder law to assist me with applying for Medicaid benefits?

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    Why hire an attorney specializing in Elder Law? Elder Law is determined by the client to be served. A lawyer specializing in Elder Law concentrates on the legal requirements of older individuals, such as handling long term care and estate planning matters tailored to their specific circumstances. They assist in safeguarding their possessions in case…

  • What is an authorization for release of protected health information?

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    Under the Privacy and Security of Health Information Act your medical records are private and even your spouse is not entitled to access to your records. The authorization for release of protected health information is sometimes referred to as the PSA Authorization or PSA Release. This is a written document that designates who, besides yourself;…

  • What is the distinction between a Medical Representative Appointment and a Personal Directive?

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    A medical representative is an individual whom you have designated to make decisions concerning your healthcare in case you become unable to do so. The medical representative is someone whom you rely on to handle these types of decisions. The document designates the individual responsible for making medical decisions on your behalf in situations where…

  • What is a durable power of attorney and when is it necessary?

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    What is a Durable Power of Attorney for Health Care? A durable power of attorney is a written legal document by which an individual, the principal, appoints another person, an attorney-in-fact, to carry out specific actions on behalf of the principal. Generally, a power of attorney grants the attorney-in-fact extensive authority to manage the principal’s…

  • Who should consider having a Revocable Living Trust?

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    Avoid probate. As long as all of the creator’s assets are funded to the trust, a revocable living trust avoids a death probate, which, among other benefits, results in privacy and lower administration costs. Should you own assets in more than one state, it will eliminate multiple probates. Plan for disability. If the creator becomes…

  • What does it mean to have full coverage?

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    In reality, there is no such thing. The term “legal coverage” refers to having PIP (Personal Injury Protection) coverage and a minimum of $10,000.00 in property damage coverage to address any property damage caused by you. When insurance agents mention “full coverage,” they are referring to this particular combination. However, it’s important to note that…