Medical Liens on Personal Injury Cases – What you need to know

Sometimes following an accident, a personal injury suit is filed in order to receive proper compensation for medical costs. What many do not realize is that medical liens can be placed against your settlement from your personal injury claim. In this situation, the group or organization that initially covered the medical costs, such as hospitals, insurance companies or even the state or federal government will issue the lien.

Medical liens are requests for payment from the settlement proceeds that were granted from a personal injury case.  

Health insurance providers are able to issue a lien on your personal injury claim by process of subrogation. Subrogation is the notion that your insurance company has a right to be reimbursed for the medical bills.

When hospitals and medical providers file a lien against your case, strict requirements must be followed in order for the lien to be considered valid. If a lien is considered invalid, then it cannot be implemented against your settlement from your personal injury case. However, the cost of the medical treatment must still be paid, but if available, it can be filed through your insurance.  

Compensation from a personal injury case is not always guaranteed. If you receive little to no earnings from your case and a lien has been placed against you personally, you are still required to pay for the remaining costs of the medical bills that lien covered.

If Medicare represents you, by law, you are required to report your personal injury case. Medicare can then process the amount of repayment needed from the benefits provided to the injured party that filed the case. If your case is not reported, and Medicare is later notified, and they receive no further reports from about the case, your coverage could potentially be compromised.

Unfortunately, many do not have a choice but to take on a medical lien as hospital and other treatment costs can be extremely high. Lien law can be very hard to understand as well, which is why having an experienced lawyer on your case is important. As a lawyer will be able to determine where the group or organization can place a medical lien against your case. Often times they can reduce the cost or even eradicate the entire lien itself.

If you need to file a personal injury claim or are dealing with a medical lien then contact Miller & Wynn Attorneys at law. We have decades of experience and can provide the necessary services to make your case and simpler one. Contact us at (770)-942-2720 or visit our website


By | 2018-11-16T12:40:30+00:00 November 16th, 2018|Personal Injury|Comments Off on Medical Liens on Personal Injury Cases – What you need to know

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