Understanding No-Fault Claims and Litigation

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South Dakota CLE
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CLE is voluntary for South Dakota attorneys. To view our full accreditation details please .

All Courses Available iOS/Android Web

All Courses Available iOS/Android Web

About This Course

The term “no fault” seems improbable within the context of the legal system, one that is set up specifically to determine where fault lies and how the guilty should be punished. Yet, there is a body of law that deals specifically with no fault claims and the rules that govern them are in many ways distinct for other types of claims and litigation. This CLE course, which will review no fault claims and litigation in their entirety, is an absolute must, particularly for personal injury attorneys. The course will offer a comprehensive overview of everything from common defenses, proximate cause and non-ascertainable treatments to defective no fault assignment, fraud and medical provider disqualification. The course will also explain the documents requirement to take advantage of available benefits, the importance of using specific medical facilities and a variety of details and processing issues that can affect a no fault claim. Topics include: • Examinations Under Oath vs. Discovery Under Rules of Civil Procedure • Common Defenses o Medical Necessity o Proximate Cause o Use or Operation o Treatment Not Ascertainable Within One Year of the Date of the Accidents o Fraud o Disqualification of the Medical Provider o Defective No-Fault Assignment • Timing Considerations in Denial • What benefits are available and how do you gather proper documentation to support client’s entitlement to them • Importance of using med facilities which are familiar with NF, IMe’s • What to do in the event NF benefits are denied as the result of IME, • Arbitration of NF benefits • NF subro and how does it affect Plaintiff’s case, etc. This course is a must-attend for any no-fault or personal injury practitioner!
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