Recently, on 26th April, 2022, the U.S. Department of Veterans Affairs (VA) added nine rare respiratory malignancies to the list of suspected service-connected diseases for Veterans who served in the military for any length of time and were exposed to fine particulate matter. During the Persian Gulf War, from September 19, 2001, until the present, Afghanistan, Djibouti, Syria, or Uzbekistan, or from August 2, 1990, to the present, the Southwest Asia theatre of operations. The Nine rare respiratory cancers caused due to particulate matter are as follows: 

• Squamous cell carcinoma of the larynx;
• Squamous cell carcinoma of the trachea;
• Adenocarcinoma of the trachea;
• Salivary gland-type tumors of the trachea;
• Adenosquamous carcinoma of the lung;
• Large cell carcinoma of the lung;
• Salivary gland-type tumors of the lung;
• Sarcomatoid carcinoma of the lung and;
• Typical and atypical carcinoid of the lung.

RARE RESPIRATORY CANCERS: VA PURPOSE OF THIS AMENDMENT

The U.S. The Department of Veterans Affairs (VA) is working in providing health care services to the Veterans and the benefits they deserve during the course of their employment. The VA has trying to initatate additional support Veterans during and after the completion of their service. The purpose of this amendment is to reduce the burden of proof for Veterans who submit claims with the VA for these nine uncommon lung malignancies. VA is now entertaining the claims of those Veterans who were once denied the health care service for respiratory cancers. 

STATUTORY PROVISIONS 

The Persian Gulf War Veterans Act of 1998, Public Law 105-277 (codified at 38 U.S.C. 1118), and the Veterans Programs Enhancement Act of 1998, Public Law 105-368, required the Secretary of Veterans Affairs to enter into an agreement with NASEM to review and evaluate available scientific evidence regarding associations between illnesses and agents, hazards, medicine, or vaccine to which service members may have been exposed during the Gulf War. The VA would then decide whether a positive link exists between various exposures and the onset of any disease based on the NASEM reports and all other valid medical and scientific information and analysis available.

PROCEDURE FOLLOWED

The nine rare respiratory malignancies are exempt from the VA’s manifestation period criteria. As a result, if the nine rare respiratory malignancies appear to any degree after separation from a qualifying term of military service, VA will conclude that they are service associated. 

Thus, from the above mentioned statement it should be noted that there is a prerequisite to avail this service of The VA, i.e., the disease must be deemed to be connected with the service. There are few exceptions to it such as: 

• When the sickness was not contracted or made worse during a qualifying period of service; or
• Between the Veteran’s most recent leave from a qualifying period of service and the commencement of the sickness, a supervening condition or incident occurs; or
• The illness is a result of the Veteran’s own intentional actions causing the condition.

CONCLUSION 

The VA has recently made it much easier to connect these nine rare respiratory cancers caused due to particulate matter for compensation for veterans.  You can get my assistance for your case and we can answer all your questions. Please feel free to book a free consultation with me.

INTRODUCTION

Dog bites occur in a number of contexts. They may be seen on sidewalks, in parks, and even in people’s houses. This article discusses California dog bite legislation, including the rights and remedies available to persons who have been bitten by a dog. 

RESPONSIBILITY OF A DOG BITE INSTANCE

Dog owners in California face strict liability in the occurrence of dog bite. The dog owner is accountable for the damages caused by the dog to a victim, according to California Law, Section 3342. The dog bite might happen in either a public or private setting or where the victim has a valid right to be, including the dog owner’s property. The dog owner is accountable for such harm even if the dog has never shown such vileness previously. This extends to victims who are lawfully on the dog owner’s property. This covers persons performing business on the property, such as postal employees, as well as those invited by the owner, such as visitors.

COMPENSATION

Scarring, mental distress, diseases, long-term damage, and intensive medical treatments are all typical among dog bite victims. In most situations, victims are entitled to compensation for their pain and misery, as well as medical costs and lost wages. The state of California immediately holds the dog’s owner liable for the attack, and having an attorney on your side can assist guarantee that the owner pays full and reasonable compensation for the injuries and losses caused by the assault. Based on the circumstances, the officials may take the necessary actions to avoid a similar issue in the future. This might mean removing the dog from the house or, in severe situations, euthanizing the dog.

EXCEPTION

When the sufferer is a trespasser, the dog owner’s culpability is limited. A trespasser is a person who enters property illegally or without required permission, such as a burglar. A trespasser is someone who goes beyond the boundaries of the invitation. The assumption of the risk rule is another exception. Some people work in occupations where they are at danger of getting bitten. Veterinarians and kennel workers are the most popular jobs. They are not entitled to compensation under strict responsibility since they accept the risk of getting bitten.

CONCLUSION

As we discussed the legal remedies for dog bites, you can reach out to me for free case evaluation or to answer any questions you may have.

You could feel a lot of pressure if you’re dealing with an injury that someone else inflicted. If your injuries caused permanent damage, you need money for medical care and loss of income right away. It can be intriguing to represent yourself in a personal injury case. The cost of hiring an attorney in a personal injury case can be confusing. If you represent  yourself and things don’t work out for you, you can find yourself in a worse predicament.

You Have the Right to Represent Yourself

When it comes to making personal injury claims, individuals have the right to represent themselves. You must thoroughly prepare your claim if you intend to appear pro se, or on your own behalf. You’ll file the lawsuit, present the required proof, and perhaps even give a deposition. You may save time and money by having your dispute handled outside of court. However, you must ensure that you uphold your rights.

Claim Adjuster may trick you

The claim adjuster will try to trick you in the following ways: 

• Offer an insanely low settlement as soon as possible after the injury, when it is difficult to get a full picture of the range of costs the claimant is facing. The claims adjuster’s initial settlement offer is almost always substantially less than the claim’s value, even when the claimant has appointed representation. 
• Persuading the claimant to consent to turn over ALL of their medical records. Actually, what they’re doing is seeking pre-existing conditions that would release them from having to cover part of the costs associated with treating the injury. Although people with pre-existing conditions can file personal injury claims, the insurer is only liable for payingfr damages that are made worse by the crash. The adjuster must review some medical records, but only a small subset of them. An attorney can make those records and those records alone available to the claimant since they are aware of the records that are required for their consideration. 
• “Schemey” telephone tactics. When two people are speaking on the phone, it’s common for one person to ask the other how they’re doing and receive an affirmative or negative response. Unfortunately, the claims adjuster can use anything the claimant says to evaluate the claim, including implying that the claimant wouldn’t be “fine” if they were really as hurt as they claimed to be. 

An attorney can handle correspondence with the claims adjuster on behalf of their client and safeguard the claim from this trick.

Injury Claim: Why choose a lawyer instead?

A lawyer may be very helpful when accepting an initial settlement offer since they could act on your behalf to accomplish the following key tasks:

• Your attorney may provide an accurate estimate of your current and upcoming medical expenses. Your attorney’s intervention could ensure that you have the resources necessary to pay for ongoing medical care until you are fully recovered. 
• Your attorney may precisely determine your financial losses, including those resulting from your incapacity to resume work right away owing to your injuries as well as the amount of money you lose from your failure to resume work in the future.

It’s important to remember just because you decide to represent yourself in a personal injury lawsuit, it does not ‌follow that the party you are suing will do the same. The old saying “Penny Wise but Pound Foolish” is often be applicable in this type off decision.

Conclusion

Our attorneys will talk with you about your case. We have the expertise required to assist you in obtaining full and fair compensation. Get a consultation from us. Knowing you’re in good care allows you to concentrate on healing from your injury.

WHAT ARE MEDI-CAL LIENS?

We would never want our dear ones to face any injuries which required medical care.  Unfortunately, there will be some circumstances where we have to address sudden injuries which happen when someone else causes injury.

In California, the State can help victims by bearing the expenses of medical bills from the state treasury. This program is called Medi-Cal liens which is the state-specific version of the Medicaid program across the USA.

In the situation where your loved one belongs in a lower income group where he/she cannot afford personal health insurance, there couldn’t be a more relevant and helpful program than Medi-Cal.

As the Medi-Cal is being funded from the taxpayers money, the Californian Department of Health Care Services (“DHCS”) reserves the right to recover a certain amount for the expenditure made by the patient if they receive anything out of settlement or from the lawsuit. This arrangement is called Medi-Cal Lien.

If you can reduce the lien number to any extent, it can be significantly beneficial to the injured victim himself.

HOW CAN YOU REDUCE MEDI-CAL LIENS?

The following steps can be used to get the lien amount reduced.

1. Notify DHCS

As DHCS reserves the right to recover through lien, there is a responsibility upon you to notify them. This notification would generally be done through their website. DHCS will acknowledge receiving such notification within thirty days with  a unique number referring to your case and file.

1. Summary of Benefits 

Though the DHCS doesn’t provide final lien numbers until you request the final lien number, they would certainly provide the ‘summary of benefits’ which is likely closer to the final estimate that the department could claim for reimbursement which will at least give you a rough ballpark number. This can be requested by the parties or, they can even attempt to go through the bills manually to get an estimated amount.

1. Negotiation

The attorney can start negotiations to lower the lien once you have the final Medi-Cal lien amount. The DHCS lien recovery is “limited to that amount of a settlement, judgement, or award that constitutes reimbursement for medical costs or medical services given to the beneficiary.”

A qualified injury lawyer could potentially employ a “Ahlborn Reduction” argument on a client’s injury case to lower any MediCal health lien interest that must be paid back to MediCal at the time of a personal injury settlement. The greater the lawyer’s ability to lower the Medi-Cal lien interest, the more the client could receive as monetary compensation from the settlement.

1. Ahlborn Calculation

The formula is Total Settlement Amount / Total Claims Value X Medi-Cal Lien’s. The “Total Value of Claims” is the most significant component here.

It is critical not to confuse this number with the case value. For instance, when there is contributory negligence, the value of a lawsuit may be reduced. The worth of one’s claims, or “overall damages,” as defined by the Supreme Court in the case of Ahlborn, remains unchanged.

1. Damages calculation

Increasing the “Total Value of Claims” factor will result in the most Medi-Cal lien deduction. The entire amount of claims in personal injury lawsuits is mostly made up of past and future medical bills as well as consequential damages.

As the past bills might have been paid already, it is important to include all the other bills paid personally and also the future bills that could occur. The doctor’s recommendations, expert suggestions could be included in the bills, if they are going to cost the expenses.

The attorney’s assessment of the overall claims in the case against the DHCS’ estimate will be the most contentious point in reducing the lien down. Compensatory damages, in particular, such as pain and misery and loss of personal happiness, are subjective; therefore add all accessible proof to bolster your overall damages claims.  Additionally, the attorney can request Medi-Cal reduce its’ lien to pay for a fair pro-rata share of the attorney fees required to obtain the settlement or jury verdict (from which Medi-Cal is then paid).

CONCLUSION

As we discussed, if you’re loved one (s) have suffered a wrongful death, reach out to me for free case evaluation or to answer any questions you may have.

FREE CASE EVALUATION