For a health plan governed by the federal ERISA statute, the written plan document is the rulebook. When such a plan seeks repayment from an injury recovery, courts enforce the...
Georgia's discovery principle is not a universal extension that applies to every injury claim. It is a limited doctrine, available in particular kinds of cases where the harm is inherently...
Sending a demand letter or trading settlement offers does not stop the limitation clock. In Georgia, only filing suit within the period, or a recognized tolling rule, preserves a claim....
Not necessarily nothing, but often less than the plan demands. When a Georgia settlement leaves an injured person short of full compensation, the made-whole doctrine can reduce a state-regulated health...
Usually not. The Georgia Tort Claims Act keeps the state immune for its inspection activities, so a claim that a state inspection overlooked a hazard generally runs into a statutory...
Filing a lawsuit stops the limitations clock, but Georgia treats late service as a separate problem that can still doom an otherwise timely complaint. Beating the deadline at the courthouse...
A Medicare conditional payment is medical coverage Medicare advances for accident-related care when another party is responsible but has not yet paid. Medicare pays "on the condition" that it will...
Yes, a flawed ante litem notice can end a claim against a Georgia government defendant before the merits are ever reached. The notice is a precondition to suing the state...
Mental incompetency can suspend the running of a Georgia injury deadline, much the way minority does. Georgia treats a qualifying mental disability as a legal disability that holds the limitation...
A delayed or hidden injury raises the question of when the two-year period actually begins. Georgia generally measures the limitation period from the date the cause of action accrues, and...