Personal Injury

Health Insurance Liens and Personal Injury Settlements

By March 22, 2020 No Comments
Health Insurance Liens and Personal Injury Settlements

In the recent past, health liens have become popular. Personal injury lawsuits may last many years as individuals try to establish a claim on how much should be awarded in such a case. A personal injury settlement claim occurs when a court order is placed on a property in settling money owed to another party. In other words, it is an entitlement on the part of the lien holder.

The third-party may seek to have a lien on the settlement and thus files a lawsuit in court. Liens are filed by entities that paid the bills on behalf of the injured person. If you have a health insurance liens and personal injury settlements, consult Orange County Car Accident Attorneys for legal assistance.

Health Care Insurance Lien

Health care institutions are common holders of personal injury settlement lien. A health insurance provider may put a lien on your personal injury payment. If the insurance pays part or the whole of the medical bill, then you may refund after receiving the settlement payment.

Most often, an injured person may not have any health insurance plan, or if they do, the coverage may be limited and not settle the entire bill. When this happens, the healthcare institution may want to recover costs in the form of a personal injury settlement lien.

If the injured person has does not have an insurance cover or their coverage is limited, then he or she should pay part of the lien payment. However, they must be some agreements with the hospital or healthcare institution. An attorney oversees this process. 

Some situations may necessitate a prior negotiation, especially where the injured person has little or no insurance. This is known as a letter of protection and signed in front of an attorney. This kind of contract can be a draft and does not need to have complicated legal wording.

Medicare Plans and the Federal Government

Employees may have the personal injury settlement liens on the health insurance benefit of their employers. It applies to employees who work for the government or those with workman compensation.

The Federal Government imposes a mandatory lien for all Medicare settlements. Usually, Medicare should not settle medical bills if the payments are under the category workman compensation. In cases of compulsory payments, the government can institute legal proceedings to recover the money.

A Medicaid beneficiary must assign their rights to receive Medicare payments from a different person to the state. If the person does not file for a claim, the respective state can do so. In such a case, the state receives the money and can enforce a personal injury settlement.

For vehicle insurance with a personal injury coverage, the insurance can refund the amounts that exceed the $5000 limit.

Complex Personal Injury Cases

In the majority of states in the US, the right of lien is an important issue. In large cases. There can be more than one personal injury settlement lien. Therefore the process might get complicated. During the negotiations for settlement, it’s vital to have a repayment plan in place.

Personal injury settlement lien proceedings can be complicated. Consult an Orange County Car Accident Attorneys today for advice and free consultation.