Person Injury Medical Liens
A personal injury lien is a legal right that allows a third party to take all or part of a judgment or settlement money from a personal injury case[2]. In a personal injury case, a medical lien is a contract between the healthcare provider and the injured person stating that the provider or facility will cover the cost of the person’s medical treatment until a personal injury settlement is awarded and then will be repaid with funds from the awarded settlement[1][3].
At Red Rock Surgery Center, we are a lien friendly facility working with your doctor, attorney to provide the best in care to aid in your recovery. It is important that your doctor and attorney work with a lien friendly facility. Often, you are brought to the hospital where rates can be 2-5X those of a surgery center leaving you with less compensation for your injury after paying off all the expenses and medical care and your attorney. You have a say in your care, make sure you advocate with your attorney for the highest quality, most cost effective solution for your injury.
Here are some key points to understand about personal injury liens:
– **Purpose**: Personal injury liens are used to ensure that the hospital or healthcare provider that treated the injured person gets reimbursed for the services that they provided[4].
– **Types of liens**: The most common liens in personal injury cases are granted to attorneys, doctors, and lenders[6]. Health insurance providers may also issue a lien to recover any money they spend on personal injury accident treatment[5].
– **Payment**: If the personal injury settlement is not enough to pay off the lien, then the lienholder can pursue the patient for the remainder[3]. Because a medical lien is a legally binding contract between the patient and the healthcare provider, the healthcare provider is entitled to the full amount of the lien[3] unless the lien agreement states otherwise. On a practical basis, providers will generally accept a reduction in payment if the settlement is inadequate.
– **Negotiation**: After the lien agreement has been signed, it can still be altered if both sides agree. This situation often arises if the victim received a substantial amount of care, but then lost his or her personal injury claim[3]. It’s important to hire an experienced personal injury attorney to help navigate the process of dealing with injury liens[2].
It’s important to understand that liens can be complex and vary depending on the specific circumstances of the case. It’s recommended to consult with a personal injury attorney to understand how liens may impact a personal injury settlement.
Citations:
[1] https://rectorlawfirm.com/how-are-medical-liens-handled-in-colorado-personal-injury-claims/
[2] https://www.askadamskutner.com/personal-injury/guide-liens-personal-injury-settlement/
[3] https://www.shouselaw.com/ca/blog/medical-lien-personal-injury-settlement/
[4] https://www.medicalbillinganalysts.com/how-to-find-out-if-you-have-a-medical-lien-filed-against-you
[5] https://www.alllaw.com/articles/nolo/personal-injury/medical-liens.html
[6] https://www.rite4justice.com/what-is-a-lien-on-a-personal-injury-case