What is the Class Action with Direct General and What should I Do?

 

A class action settlement against Direct General Insurance Company was filed in the United States District Court for the Middle District of Florida.  Any Medical Provider that submitted bills to Direct General on or after January 1, 2008, is entitled to join the class.  You are entitled to receive seventy-five (75%) of the difference between eighty percent (80%) of the amount you originally billed and the amount previously paid by the Direct General.

What is this Class Action all about?

The class filed a lawsuit arguing that Direct General Insurance Company improperly reduced medical charges by Providers throughout the State of Florida.  Specifically, Direct General improperly relied solely on the Medicare fee schedule in calculation reimbursements for provider’s bills.

Are There Further Legal Proceedings?

No, both sides have agreed to a settlement.  Once the court approves the settlement, you shall receive the correct reimbursement from the Direct General Insurance Company.

How Do I Receive A Payment?

You will receive a document titled “Notice of Proposed Class Action Settlement and Fairness Hearing.”  A settlement claim form will be provided within the packet you receive.  Fill out the settlement claim form indicating: A) The name of the clinic making the claim, B) Name and Title of the Person filing the claim on behalf of your Clinic, and C) Your Clinic’s tax identification number (last 4 digits).

Documents to Provide:

Submit documents that you may have available electronically such as assignment of benefits, CMS 1500 (HICFAs or other billing forms and/or explanations of benefits (“EOBs”).  You do not need to submit medical records or treatment (“SOAP”) notes.

When is the Settlement Claim Form Due?

The Settlement Claim form must be postmarked by November 20, 2015. The form must be sent by first-class mail, postage prepaid, addressed to the Class Administrator: Direct General Insurance Settlement, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8091.

How do I Opt-Out?

If you truly do not wish to be a part of the class action, you must make your request in writing. You must specify the class action lawsuit caption, your full legal name, the tax ID number, and the address of your facility.  Lastly, you must express your preference to opt-out and sign the document indicating your name and position.

All Opt-Outs must likewise be sent First-Class mail, postage prepaid, and postmarked no later than September 7, 2015, , addressed to the Class Administrator: Direct General Insurance Settlement, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8091.

What if I Do Nothing?

You will RECEIVE NO PAYMENT! DON’T DO THIS! You give up your rights and release all potential legal claims.

If You Receive A Settlement Amount That You Feel To Be Incorrect:

You will have the opportunity to have your Settlement Payment reviewed by the Class Administrator.  Your payment will be analyzed and reviewed by counsel for both the class and for Direct General. If you further disagree, you may petition the court to determine the correct amount.

Class Action Is Absolutely Free:

You will not be charged for the legal services performed by counsel for the Class. Direct General will pay Class Counsel’s fees and expenses based on the amount approved by the court.

Our Advice:

OPT INTO THE CLASS. SUBMIT YOUR SETTLEMENT FORMS.  We (the law firm) will make no money on these claims but you, (Our Clients) will! Sometimes the best advice is to let your client make the money easily.  Easy money is always better than hard money so in this instance OPT-IN.  But don’t let the deadline pass.  Submit your Settlement Claims Form if you previously billed Direct General Insurance Company. You will receive payment for backlogged Direct General suits that you may have forgotten about.

If you’d like us to submit your Settlement Claims Form, please contact Liliana Davidson, Business Development and Client Relations Manager at (561) 623-3681  We are here to help!

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.