How Does a Medical Lien Work in a Personal Injury Case?

If you have an existing medical lien during your personal injury case, you may be wondering if this will prevent you from receiving financial compensation. You may need to pay your past due bills before receiving a payment from your personal injury settlement. Having an experienced lawyer look into this issue is one of the many advantages to hiring legal representation. 

Learn how you can protect your rights to seek legal compensation by contacting the attorneys of Frankl and Kominsky for a cost-free initial evaluation of your injury claim. Our distinguished attorneys have over 40 years of combined legal experience. 

Do not worry about medical expenses interfering with your recovery efforts. If your claim has merit, our attorneys can guide you through the legal process and help you manage any medical liens and other expenses related to your injury. Our job as a personal injury law firm is to help you pursue the fair amount of allowable compensation.

What is a Medical Lien?

A medical lien is a demand for repayment for goods or services performed that may be placed against your personal injury case. Since some serious injuries may require expensive medical care, you may need to pay hefty out-of-pocket costs, even with insurance coverage. 

Hospitals and other healthcare facilities in the state of Florida are required to provide care for individuals who need it and cannot pay immediately. If the outstanding costs are not paid for, the healthcare facility will be legally allowed to retrieve the funds from your personal injury settlement by issuing a medical lien.

This is why it is important to keep copies of all medical documentation including bills, health reports, travel expenses (to and from medical appointments), and other expenses related to your injury. Your lawyer can help you calculate all of your damages so that you can seek the fair amount of compensation, while helping you manage your liens. 

Why Medical Liens Are Important to Your Case   

It is important to understand and identify all of your medical liens before you settle your personal injury case. You need to make sure your settlement amount is much higher than what you owe for medical care. 

You may settle for a certain amount and later find out that your outstanding medical bills far exceed your compensation award and once your case is settled, you can no longer obtain additional compensation from the same injury claim.

Before constructing a demand letter, you and your attorney will need to add other damages such as lost income if you missed work, pain and suffering, property damages, and other losses related to your case. This will allow you to know what you owe for medical expenses before you agree to a settlement or file a lawsuit and take your case to court.

Can Having Insurance Help?

If you have health insurance or an HMO, a medical lien against you may not be valid. When you have insurance coverage, your healthcare provider usually negotiates with the hospital or healthcare facility to agree on a discounted cost. You hardly ever get charged the full amount.  

The insurance company will usually cover the bulk of the cost associated with your injury, minus copays and deductibles, of course. However, Florida insurance law states that the healthcare provider is ultimately responsible for medical care, not the patient.

What if the Government Paid for my Health Care?

If you received financial assistance or healthcare coverage from the government, they have the right to recover the funds from your injury settlement. 

Medicare, Medicaid, and Veteran’s Administration are some common government agencies that can issue a government lien. Other government agencies may have the right to claim some of your compensation as well.

If your claim is successful, your lawyer can try to help you resolve these liens when your case is settled. 

Can I Negotiate a Lien?

In many instances, a lien holder is willing to negotiate to accept a lesser amount than what you really owe. Having a determined lawyer negotiate on your behalf is highly recommended. If you need help negotiating a medical lien, the lawyers at Frankl & Kominsky are prepared to listen to the details of your claim in a free consultation. Our accomplished personal injury lawyers have handled cases throughout the state of Florida, including the Port St. Lucie area.

Insurance adjusters may try to contact you to ask questions about your accident and injuries. It is crucial to avoid providing too much information to the insurance companies. They can look for ways to either deny or devalue injury claims. They may even try to use your words against the value of your claim.

This is why having a lawyer review your case is so important. Having a dependable lawyer negotiate with insurers on your behalf means that your rights will be protected so you can pursue the fair amount of compensation you deserve. 

Sometimes, lawyers will go back and forth with insurers until they reach a mutual agreement that works for both sides. An experienced lawyer will know how to accurately calculate your damages for past, present, and future medical needs and other financial losses. 

Let Our Attorneys Do the Work

The compassionate attorneys at Frankl & Kominsky understand how difficult and debilitating the recovery process can be for injury victims and their families. Sometimes they have nowhere to turn when medical bills accumulate, compounded with lost income from missing work due to an injury. 

Let our team of legal professionals guide you through the legal process so you can spend more time with your family and focus on a healthy, stress-free recovery. Our firm has handled over 6,000 cases while recovering over $100 million in total compensation for our past clients. 

If your claim is valid, we will work tirelessly to help you pursue the fair amount of compensation you deserve for your injury claim. We keep all of your information completely confidential, so there are no risks or obligations to worry about. 

Call Frankl & Kominsky to schedule your free consultation. Ph: (855) 800-8000.

Contact Information