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North Carolina Plaintiffs Will See Impact Of Obamacare In Personal Injury And Workers' Compensation Claims

Posted by Christopher Shumate | Dec 17, 2012 | 0 Comments

On December 13, 2010, Judge Henry Hudson of Virginia ruled a major provision of the Federal Government's recent healthcare reform law (commonly referred to as Obamacare) is unconstitutional.

You can read Judge Hudson's entire opinion.

Under the new plan, all citizens must purchase health insurance by 2014 or face a federal fine. Judge Hudson specifically noted this requirement is the problem, stating "it is not the effect on individuals that is presently at issue - it is the authority of Congress to compel anyone to purchase health insurance".

Judge Hudson clearly noted in his opinion the major political implications of this ruling. He also noted that the parties will likely immediately appeal the case, ultimately to the U.S. Supreme Court. It is important to note that the ruling struck down section 1501 of the legislation, but did not grant an injunction against the implementation of the rest of the plan. Therefore, the healthcare reform (Obamacare) will proceed amidst several other challenges. On the other hand, many analysts note that section 1501 provides much of the revenue needed to fund the reformed healthcare format.

President Obama has defended his plan, arguing the requirement for all citizens to purchase health insurance is analogous to the requirement that all motorists purchase automobile insurance. One question I would have in response to that analogy would be: not every citizen drives a car, thus requiring auto insurance; however, every citizen requires medical attention at some point which must be financed via some method. Therefore, I'm not so sure this simplistic analogy really makes sense.

FoxNews.com, Federal Judge Rules in Favor of Virginia's Central Challenge to Health Care Law, 12/13/10

Regardless of your political views or opinion regarding the Court's ruling on this matter, it's a fact that the impact of health insurance is quite important on individuals who sustain injuries in personal injury or workers' compensation claims. Despite our aggressive representation of clients, it often takes significant period to obtain compensation for these injuries. Access to medical care through health insurance is a huge benefit to anyone suffering in pain and facing a difficult legal battle. I would suggest that you always try to protect your access to health insurance, and immediately seek the counsel of a caring, skilled attorney anytime you are pursuing a case.

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice

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