"Bicycling Barrister" Doug Landau wishes all personal injury lawyers would advise their biker clients that they may have to pay some "IOUs." After a bike crash, the main focus of the bicyclist’s attention should be getting well. However, medical bills and other expenses add up in serious in jury cases. Many Landau Law Shop clients have health, workers compensation and other insurance coverage for these bills, such as long and short term disability plans. Under many states’ laws, government and some private insurance plans have the right to be paid back at the end of the case. These "subrogation interests" or "liens" are like "IOUs" on the innocent victim’s case. The good news is that these insurance plans often negotiate a discount on the hospital, doctor, therapy or surgical bills. The not so good news is that they want to be paid out of the injured bicyclist’s gross settlement or verdict. Failure to repay this debt can lead to cessation of any further comp benefits, a lawsuit for fraud and/or loss of future insurance coverage and benefits.
At ABRAMS LANDAU, we recently settled the case of a biker who was struck during an Alexandria Virginia training ride. The rider was required to keep fit for his federal government job. The bicycle rider sustained severe orthopedic injuries, including broken bones in his leg and arm. The Department of Labor paid for his medical bills and lost wages as the result of the broken bones. When it came time to settle the case with the unsafe driver who had been convicted in the Fairfax County Traffic Court, the labor Department wanted their "IOU" paid. We used the Federal Government’s guidelines to calculate the repayment. Our client was not out of pocket any money for medical care, prescription medication or his several surgeries. He is also able to seek future workers compensation benefits for his permanent injuries. "Bicycling Barrister" Doug Landau is pleased to report the biker is back to work and getting back into shape ! If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.