ERISA Referrals from Attorneys
Despite its broad impact, ERISA is considered a specific focus within our general employment law practice. Indeed, ERISA litigation is a highly complex and unique area of law. In addition to knowing the federal statute, its voluminous regulations and the case law around the country, a practitioner must also know how the tax code impacts the analysis in a particular case. These may not be familiar to the general practitioner or even an employment lawyer who has not spent adequate time practicing in ERISA litigation. ERISA also preempts general tort theories and many general defenses and requires a claimant to exhaust his or her administrative remedies prior to bringing a case to court. And sometimes unique legal arguments are indicated under ERISA, such as estoppel or breach of fiduciary duty, and it is important to know when such arguments can and should be raised. For these reasons, Pridgen Bassett Law receives many ERISA referrals from other attorneys and even other employment law firms.
Subrogation and Reimbursement (Personal Injury Settlements)
ERISA liens are regularly an issue in personal injury cases and can have significant implications on settlement negotiations and client outcomes. We frequently review and, if appropriate, challenge purported ERISA liens based upon nuanced ERISA issues that often are not familiar to even a very seasoned personal injury lawyer. If you have a personal injury case that involves subrogation issues or ERISA liens, we can help.
Protecting Administrative Arguments when Benefits are Claimed or Denied
There are circumstances when failure to raise certain ERISA arguments at a particular time can act as a waiver of such arguments later on in the process, and this applies equally to plan fiduciaries and plan participants/beneficiaries. This is why it is essential that you contact an experienced ERISA attorney even during the claim administration process.
Gain the Benefits of an Accomplished Team
When you need skilled legal assistance with ERISA matters, Pridgen Bassett Law has the experience you can count on.