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Silverthorne Attorneys is a personal injury law firm in Orange County whose top priority and singular focus is the people we represent. We work diligently to make sure that our clients are well taken care of and that their needs are not only met, but come first. Injured now? Do not hesitate to reach out to Silverthorne Attorneys for a free consultation.
What are Medical Liens in a Car Accident Case?
You may have heard or read the term “medical lien” from your car accident lawyer at least once throughout your accident claim and we know that a lot of people have questions about what medical liens are and how they work. Today the team at Silverthorne Attorneys is going to go over a lot of the questions our clients have as well as talk about how medical liens work in accident cases. When you have been involved in an accident where you are left with injuries, you need an accident attorney on your side who will be able to navigate all aspects of the legal system. The team at Silverthorne Attorneys is here to help you get your life back.
What are Medical Liens?
First thing’s first, we want to answer one of the more common questions we get: what are medical liens? A lien is considered a court order a person’s “property” to satisfy any debt that is owned. In the case of medical liens that property is considered to be the final settlement in your car accident case. What happens is you, your car accident lawyer, and the medical professionals that treat you will come to an agreement that you will receive treatment without having to pay medical bills right away. Your medical bills will be paid out of a portion of your final settlement amount.
Who Has Liens on Car Accident Cases?
There are a few providers that may work on liens. Remember, a lien is not something that is necessarily bad; despite what people think of the word “lien.” In this case, your personal injury settlement is what the only personal property that is affected by the lien. Below, we are going to go over who may have a lien on your car accident case. Most medical professionals will prefer to work on a lien with someone who has limited healthcare because they are then guaranteed to be paid from a portion of your settlement.
Healthcare Providers and Insurance Companies
The most common car accident lien holders are usually the healthcare providers that treat you after your accident. These heal care providers can include chiropractors, physical therapists, etc. In cases where the injured party does not have health insurance or their policy will not cover all of their medical bills, it will be necessary to work with providers that will treat on a lien. This is because the signed lien will guarantee that they will eventually receive payment for treating your injuries.
You should be aware that if you have an HMO or no insurance at all, you may only be able to partially pay your medical liens. This is where your accident attorney will then try to negotiate a payment plan or, if applicable, your car accident lawyer may try to negotiate your medical bills down. This, of course will be at the discretion of your attorney and the healthcare professionals that treat you.
If you have healthcare through your employer, car accident liens may be embedded into the insurance plan already. Which may actually make it easier for you and your car accident lawyer. This is because these plans create rights to assert a medical lien on their insured party’s settlement. Some of these valid liens can include, but are not limited to government employee insurance plans, ERISA plans, and sometimes workman’s compensation claims.
Medicaid and Medicare Liens
If your health insurance falls under Medicaid, Medicare or MediCal, the insured is required to assign their rights to payments for medical care from a third party to the state. Even if you, as the victim does not pursue a claim, the state you reside in has the power to do so. This is because it is not only state funded medical insurance, but the statutory requirement requires that the medical bills be paid and they will impose a lien on any settlement you get from your accident claim.
A Little About MedPay
If you decide to use med pay to help pay for your medical expenses, your insurance company may be entitled to be reimbursed from your settlement if services exceeded $5,000.
For more information on med pay, click on the related article below.
Related article: MedPay
Injured? Contact a Car Accident Lawyer Today!
When you have been injured in a car accident due to someone else’s negligent actions, contact us right away. The team at Silverthorne Attorneys has years of experience dealing with insurance companies and how liens work.
When you are injured you need a team of lawyers that will advocate for you and your rights. Our team will do just that. We will put your needs above those of the insurance companies and will never have any problem taking them to trial if necessary. Don’t ever let someone take advantage of you during this time. Contact us today. Consultations are free!