CRIMINAL JUSTICE SYSTEM & CIVIL JUSTICE SYSTEM
The Purpose of the Justice System.
There are two parts to the Justice System. The first part consists of criminal and civil matters. The primary purpose of the Criminal Justice System is to punish the criminal and incarcerate that person if appropriate. The second part consists of the Civil Justice System. Its primary purpose is to obtain justice for the injured party by attempting to compensate that person for monetary damages. Compensation to the injured party includes past and future medical expenses, the past and future loss of wages and/or earning capacity, and non-economic damages such as pain and suffering, damage to family relationships and psychological injuries. The justice system may also function to allow the injured person to have his or her today in court.
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Edwards & Ragatz, P.A.
HOW IT WORKS
Is the Full Recovery Yours? Myths and What You Need to Know
In addition to fees and costs, other items that may affect the amount received by the client are liens. Liens are typical amounts that have been paid by insurance companies for the injured party’s medical care. In many cases, liens are asserted by the government payors, such as Medicare or Medicaid. By law, these third-party payors are entitled to reimbursement of all or part of the amounts they have paid for medical care for injuries that resulted from the accident. We are always mindful of attempting to negotiate the lien amounts as much as possible to ensure that the client receives the maximum recovery possible. If the claim is brought on behalf of an estate of a deceased person, creditors may file claims in the estate that may have to be satisfied.
Again, we are mindful of disputing any invalid claims and attempting to negotiate any estate claims to minimize their impact on the ultimate recovery of the client. We are always upfront with the client at the beginning of the case to prepare them for the impact of fees, costs, and liens on the net recovery. We do not advise a client to go forward with potentially time-consuming and expensive litigation unless it appears that there may be a worthwhile recovery to the client in the end. Although there is never a guarantee of recovery, we do all we can to obtain the maximum recovery possible for the client.