Many accident victims seeking damages in personal injury lawsuits are surprised to learn that an insurance company, doctor’s office, physical therapy clinic, or another party has placed a medical lien against their monetary compensation. As a result, victims may receive significantly less money than they anticipated. Since liens can substantially affect your financial outcome, knowing what they are and exactly how they work is crucial.
How Are Medical Liens Used?
After suffering injuries in an accident, most victims cannot afford to pay for their medical treatment upfront. Instead, third parties, such as government agencies, insurance companies, or hospitals, cover the costs. These third parties have a legal right to seek reimbursement for their expenses. Medical liens are often enforced against a victim’s settlement or jury award to collect payment for treatment provided. Medical liens are most frequently utilized in the following four circumstances:
- Private Health Insurance: Following an accident, the victim used their private health insurance to pay for medical care. The insurance company may be entitled to file a medical lien against the proceeds of the settlement.
- The Hospital: This can occur when an accident victim is uninsured and a healthcare provider still administers treatment. Since the hospital provided emergency treatment, it can pursue a lien to be paid for its assistance.
- Workers’ Compensation Lien: If the victim received workers’ compensation benefits and later filed a personal injury claim, the insurance provider can pursue a lien against the proceeds.
- Medicaid or Medicare Liens: When a government agency, such as Medicare or Medicaid, pays for the victim’s treatment, the agency is entitled to recover its expenses. However, this only includes recouping costs for injuries related to the accident.
Negotiating Your Medical Lien
Highly experienced personal injury attorneys can negotiate favorable conditions of a victim’s medical lien. For instance, it may be possible to dispute the basis of a lien, negotiate a reduced lien total, or have the victim agree to a prearranged payment instead of having the money deducted from their settlement.
Discuss Your Claim With A Battle-Tested Buffalo, New York Personal Injury Lawyer
Jed Dietrich, Esq., acclaimed as a Lawyer of Distinction, and his veteran personal injury attorneys litigate uncompromisingly to obtain the best possible result for our clients. This includes helping you deal with any medical liens that might arise. We will determine the validity of the claimed lien and use aggressive negotiation tactics to reduce the amount deducted from your compensation. Additionally, the Dietrich Law Firm P.C.’s expert attorneys will ensure that the costs of the medical lien will factor into your settlement or be presented in court as evidence of damages. We will make every possible effort to lessen your financial burden to ensure that you can keep as much of your compensation as possible. Please, contact the Dietrich Law Firm P.C.’s best of the best attorneys now for your free consultation. We are available twenty-four-seven at 716-839-3939 or by filling out the online consultation form.