Dealing With Medical Providers: Managing Bills and Liens

How Medical Liens Work During Your Personal Injury Settlement: Common Types & Strategies To Manage Them

After a car accident, there is a certain period of time where you may have received medical care for your injuries, but your personal injury claim has not been settled. Because of this, your medical bills go unpaid. In these cases, healthcare providers are able to place a medical lien on your settlement.

Since your personal injury claim might be taking care of your medical bills, it is helpful to use negotiation to ensure the amount covers the medical liens as well as your personal compensation. A Las Vegas auto injury lawyer can help you understand your medical liens and work out negotiations. That said, it’s important to have a general understanding of how medical liens work.

Understanding Medical Liens In Las Vegas Personal Injury Claims

When you’re in a car accident and obtain injuries, you will likely get medical treatment right away. If you have insurance, you can temporarily pay the bills. However, if you do not have insurance, you may have to receive medical treatment with the understanding that the at-fault party’s insurance will pay for it at a future date.

You will likely have to prove that the at-fault party should compensate you for damages which requires evidence and takes some time. In the meantime, the healthcare facility wants to make sure they will be paid for their services.

Medical liens that are placed on settlements work to ensure that the healthcare provider is paid from the insurance claim once it is settled. The lien gives a third party the legal right to pay off healthcare bills with the settlement money before the injured party gets any of it.

Common Types Of Medical Liens In Las Vegas Personal Injury Cases

There are a couple different types of medical liens that you could experience when you get medical care before your claim is settled:

Hospital Liens: Some accidents lead to hospital stays. If you do not have insurance, hospital liens are especially beneficial for the hospital because it allows them to legally claim a portion of the damages you are awarded in your settlement. According to Nevada law, hospitals have a right to these liens if you filed for a personal injury claim. However, if you are eligible for Medicare or Medicaid, hospitals may only claim 55% of the hospital bill.
Physician Liens: Similarly to hospital liens, physician liens allow physicians to claim a certain portion of your settlement after providing you with care. This lien is most often put on a personal injury settlement, but it can also be put on you, requiring you to pay out of pocket at a later date. A Las Vegas personal injury lawyer can help you find evidence for your personal injury claim to ensure you don’t have to pay out-of-pocket for your physician costs.
Medicaid Liens: Medicaid is a federal and state program that allows people who are in-need to obtain federal funded insurance. A Medicaid lien happens when Medicaid initially pays for the medical costs and a personal injury claim is settled. At that point, Medicaid may decide to claim reimbursement for all or some of the costs, depending on the state. In Nevada, Medicaid can claim all of the costs.
Medicare Liens: Medicare provides individuals that are older than 65 and individuals with specific conditions or disabilities with federal funded insurance. Like Medicaid liens, Medicare liens allow Medicare to claim a reimbursement on what they paid for your medical care if a personal injury settlement occurs.

Top Strategies For Negotiating & Reducing Medical Liens

In some cases, liens that are put on your settlement for medical care that you received may outweigh how much you were given. If this happens, you should consult with your Las Vegas personal injury lawyers, because you do have options.

Negotiating To Reduce The Amounts

The good news is, lien amounts can be negotiable! Lien contracts can be changed, even after the contract is signed. However, both you and the healthcare provider must agree to the negotiation and many healthcare providers will not consent to this. Being knowledgeable about what medical liens are, allows you to choose a healthcare provider that provides liens with agreements that are favorable for the victim.

Negotiations can happen especially if the personal injury claim is not settled, as was expected. Healthcare companies often won’t want to take the patient to court as it takes time and money, so they will likely be interested in negotiating so they still get paid, even if it is a lower amount.

Hiring Las Vegas Personal Injury Lawyers

While medical liens can be negotiated, it can be a complicated process that involves knowledge of how personal injury law works. A Las Vegas personal injury lawyers can help reduce the amount you owe the medical lien to ensure the compensation you receive is the maximum amount possible.

There is a “made whole” rule that ensures the injured party is fully compensated for all damages before liens are able to be claimed by medical companies. While your settlement is being worked out, your lawyer can negotiate reductions or waivers so that you can walk away with the compensation you deserve.

Facing Medical Liens On Your Settlement? Contact Us Today To Look At Your Options!

If you’re involved in a personal injury claim, you most likely received medical care and will be facing medical liens on your settlement. Let our attorneys at Benson & Bingham make sure the liens are fair and handle any negotiations so that you get the most compensation possible. In addition, Benson & Bingham have a firm policy where we will never take more than our client in the event their medical bills are greater than our fee.

Contact us at Las Vegas personal injury lawyers today to protect your future!