Personal Injury and MEDICARE:  What you need to know about your claim.

Victims of personal injury due to auto accidents, premise liability or any other type of negligence, there are some serious hoops that need to be navigated in your claim.  Many attorneys will be hesitant to take a case with a Medicare and/or Medicaid beneficiary.  When dealing with a third-party payer such as Medicare, there are several important aspects of your claim that you should be aware of.

1.) Contact Medicaid or Medicare to Report the Accident Claim

Federal law requires that Medicare and/or Medicaid be notified of any accident that requires medical treatment.  Often this is handled by a third-party, such as Xerox or Humana.  Often it can be difficult to locate the precise Coordination of Benefits Contractor that holds your personal injury lien.  When you contact them you must identify all medical facilities which you sought treatment and the names of any attorney handling your personal injury case. Failure to report a personal injury case may result in loss of future Medicare/Medicaid benefits.

2.) Medicare Reimbursements

After a settlement with the at-fault party is settled, Medicare requires that they be reimbursed prior to any release of funds to you or your attorney.  This is often a sticking point with large personal injury firms and a reason they are hesitant to take cases from Medicare recipients.  Medicare liens are typically non-negotiable and could wipe out a personal injury settlement if not handled correctly.  It is in your best interest to request and carefully examine the COB Contractors list of medical bills.  In some instances, an unrelated medical expense will be added to the personal injury claim.  In those cases, you may need to call the COB Contactor and have them review your lien.  If the Contractor does not agree with your disputed charges, you have the right to file an appeal.

3). Advantages of a Personal Injury Attorney vs. Representing Yourself

Medicare Reimbursements and liens may be handled by an individual who wishes to represent themselves, however this process is very intense and time consuming.  It is very important to keep a log/record of every conversation and item of your claim.  A Personal Injury Attorney who is familiar with this process is often the best way to go.  Few attorneys will charge you for your injury suit up front, and will instead offer a contingency fee if/when you receive a settlement.

If you have been injured in an auto or premise liability and are a Medicare recipient, there are several things you need to know. At the Law Firm of Massey & Duffy, an experienced Personal Injury attorney will review your claim and assist you in dealing with insurance, Medicare, Medicaid and other third-party payers to ensure you receive the medical care and compensation that you deserve.  Call our office today at (352) 505-8900 to schedule a FREE CONSULTATION.

Child Injury Lawyer in North Central Florida

Screen Shot 2014-05-30 at 2.26.58 PM

Cases involving children, especially those related to injuries or death, are always heart wrenching. The attorneys at Massey & Duffy are familiar with how traumatizing it can be for a family to deal with the injury or death of a child. For that reason, our North Central Florida attorneys handle each case with compassion and professionalism.  If you need a child injury lawyer, look no further that Massey & Duffy.

Our child injury attorneys will treat your family like part of their family and ensure that you receive the damages you deserve, whether they be monetary to cover medical bills and ongoing care, funds for future needs, or other forms of compensation for pain and suffering. No two cases are the same, so our attorneys will take the time to listen to your story and make sure they represent you and your family to the best of their ability.

There are countless ways in which a child may be injured or killed. According to the Center for Disease Control and Prevention, the most common cause of death for babies under the age of one is suffocation. Children between the ages of 1 and 4 are more likely to drown. Children over the age of 4 are most likely to lose their lives from automobile accidents.

Accidental injuries are very common among children. These injuries may result from falls, ingestion of foreign bodies, poisoning, neglect of a caretaker in a daycare or school, or other accidents. Accidents involving motor vehicles are currently the highest casualty-causing factor in the country. Always using seatbelts and car seats when driving with children in the car and teaching teens safety techniques for when they’re driving on their own is key to minimizing these fatal accidents.

According to the CDC, the unintentional injury death rate in Florida among children 0 to 19 years of age was 18.5 per 100,000 persons in 2000-2005; this was higher than the national rate of 15.0 deaths per 100,000 persons in the same timeframe. For this reason, it is important to know of attorneys in your area who can help you if you are ever faced with a child’s injury or death.

The law firm of Massey & Duffy is a family firm that prides itself on its compassionate representations of other families, no matter the issue. If you ever find yourself in a situation that requires legal representation, make the right choice and contact Massey & Duffy for a free confidential consultation.



Bicycle Accident Attorneys in North Central Florida

unnamedIn Florida, bicycles are legally defined as vehicles and cyclists are considered drivers. Since cyclists and those in motor vehicles have to share the road, they must follow the same rules. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

In north central Florida cities such as Gainesville, bicycle traffic often outnumbers motor vehicle traffic on roads. Because of the increased amounts of bicyclists on the roads, there is more of a risk of accident and injury. Statistics show that the number of bicycle accidents is increasing yearly. In 2012, Florida had 6,425 bicycle crashes– a 28% increase from 2011. There were also more Florida cyclists injured in 2012. A whopping 6,058 cyclists were injured, almost a 31% increase from 2011.

A surprising statistic is that only 11% of bicycle accidents involve a collision with a car. Of these car accidents however, 45% take place in intersections. The majority of bicycle accidents (59%) involve only the cyclist, who loses control of the bike and crashes.

Laws requiring helmets exist in some areas, but cyclists over the age of 16 are not required to wear helmets when they ride. When cyclists choose to wear helmets, their chance of serious injury lessens drastically. Injuries from bicycle accidents– whether they involve motor vehicles, faulty roadways or rider error– can be severe and life altering. The most common injuries are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord.

If you or a loved one have been involved in a bicycle crash, contact the experienced personal injury lawyers at Massey & Duffy, PLLC, for a free initial consultation. Our compassionate, professional lawyers will assist you quickly and appropriately.