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Medical Liens on Personal Injury Settlements

After an accident, you might require medical treatment. This treatment could be offered by a doctor, hospital, or facility who you will then owe money in medical bills. If you are unable to settle these costs, your healthcare provider might agree to place a lien on your personal injury settlement. This is an agreement that you will pay your outstanding debts once you receive your settlement.

A medical lien personal injury settlement must be settled before you receive your compensation check. Your attorney will usually evaluate a lien and either pay or negotiate it.

Have you been injured in an accident? The expert Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers can help you.

Hospital and Medical Provider Liens

Certain states allow medical providers and hospitals to recover money used to treat an accident victim by filing a lien. Some healthcare providers might even request you sign a letter stating you agree to a lien against your settlement to pay for your treatment.

Nonetheless, a lien has to meet the following requirements to be enforceable:

  • It must be filed in the county recorder’s office within 180 days of your release from the hospital
  • It must include your full name, current address, dates of service, and the hospital’s name and address

Failing to meet these requirements could make a lien unenforceable. However, this does not exempt you from paying your outstanding bills. It only means that the hospital cannot asset a lien against your settlement.

Liens for Unpaid Medicaid and Medicare

Generally, the government has the right to assert a lien against your settlement if it paid for any portion of your medical treatment. This can be done through different agencies such as Medicaid and Medicare. Medicaid and Medicare liens tend to vary across states. The agencies can seek reimbursement for a portion or all the monies used to pay for your treatment.

Negotiating a Medical Lien

Liens are regulated by several policies and laws. If a carrier asserts a medical lien against your settlement, you should study the language in the public statute or insurance policy that gives them the right to seek reimbursement. An attorney with lien experience is better suited to this job. They can find a way to get the lien reduced or eliminated.

Negotiating a lien involves trying to convince the carrier to accept less than the face value of their claim. If a lien is so large that it substantially reduces the value of your claim, your attorney can seek to reduce it. This is designed to help you get the most of your settlement.

In some cases, your attorney could have the lien eliminated altogether.

Talk to a Huntington Beach Personal Injury Lawyer

If you owe a healthcare provider money for your treatment, they could be entitled to assert a medical lien personal injury settlement. This provision allows you to receive medical care while waiting for the at-fault party to pay your settlement amount. It could also affect your compensation.

The Huntington Beach Personal Injury Lawyers at El Dabe Ritter Trial Lawyers have extensive experience dealing with medical liens. Once your claim is settled, we will evaluate all liens and determine whether to pay or negotiate them. Contact us online or by phone to schedule a free consultation.