Strategies, Challenges, and Answers

Archives for August 2016

The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?

You are familiar with this scenario. The claimant is willing to sign a release in exchange for your insured’s policy limit.  However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the money.  Sometimes there is just not enough money to go around. It seems like a no win situation. If the insurance company pays the settlement proceeds to the attorney without protecting the hospital lien, the hospital could pursue the insurance … [Read more...]

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to communicate about the accident. Perhaps that is why there was no evidence to contradict the evidence favorable to the driver.  The Traffic Accident Report, the deposition testimony of driver Baltrusaitis and his accident reconstruction expert’s … [Read more...]