Iannaccone Paul M

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Iannaccone Paul M

Family Law

Child Support
Maybe. Reimbursements from settlement proceeds can arise from various sources but the four most common are probably: (1) unpaid medical expenses; (2) health insurance or health plans; (3) workers' compensation benefits; and (4) government program benefits. You remain responsible for any unpaid medical expenses, so we normally try to check the balances with your health-care providers at the time of settlement or judgment, so they may be paid from the proceeds. (If the doctors were not paid, they would have the right to sue you to collect the bills.) Furthermore, if you have provided a protection letter, you generally must repay the doctor from the settlement funds. Whether a health plan has a right to be reimbursed can be a complex question, depending upon the nature of your coverage, the language of your policy, and evolving state and federal law. Sometimes, disputes over the right to reimbursement may be compromised, as an alternative to placing the disputed funds in an account to await years of litigation. In most cases, an employer who has paid you workers' compensation benefits for an injury must be reimbursed from any judgment or settlement in a liability claim arising from that injury. (Naturally, if you were in the course of your employment when injured, you should let us know so that we can make sure you have taken the proper steps to preserve a workers' compensation claim.) Medicaid and Medicare may claim a right to be reimbursed for payments made for treatment of injuries sustained in the incident. If you have been a recipient of state assistance, or if state assistance has been rendered to a minor child of yours through the aid to families with dependent children program, the state may have a right to take a portion of your net settlement proceeds from your case, even if the payments had nothing to do with the incident. In addition, any portion of the net settlement proceeds that you do receive would be an asset which could affect your future eligibility for certain forms of state assistance, at least, on a temporary basis. If you believe that you could be in this situation, please contact us to discuss the matter in further detail. Furthermore, if you owe back child support, please note that a child support enforcement lien may also be asserted against your settlement proceeds. The law regarding liens and subrogation rights is extremely complex, and this is only a broad guide to alert you to some of the issues.

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