A medical lien is your medical providers’ claim on a portion of whatever compensation you get from the party who caused your injuries. It allows you to get the care you need now without having to go into debt to pay for it.
If you want help negotiating the terms of a lien or recovering the compensation you need to pay your doctors, you can always hire an Atlanta personal injury lawyer.
How Medical Liens Benefit Patients and Doctors
Medical liens are generally applied in cases where the patient was seriously injured by another person’s negligence. The following example shows how medical liens often work:
- Say that Person X was in a car accident caused by Person Y.
- Person X is seriously injured and goes to the hospital, where they require a lot of expensive tests, overnight stays, and medical treatments.
- Person X does not have the means to pay for all of these treatments.
- Person X talks to their medical provider about the situation. The provider agrees to a medical lien.
- With the lien, the provider does not get paid for their services right away. Instead, they continue to treat Person X with the understanding that they will receive payment for the medical expenses once Person X recovers compensation from Person Y.
- As soon as they are able, Person X hires a personal injury attorney to file a case against Person Y and pursues the settlement they need.
- Once Person X’s lawyer recovers the settlement, their provider takes the amount they need to cover Person X’s medical care. Person X keeps the rest to cover all of their other accident-related losses.
For a free legal consultation, call 404-214-2001
Getting Compensation to Cover Your Medical Lien
If you plan on paying for part or all of your medical care through a personal injury settlement, you have a limited amount of time to begin your case. Your legal deadline varies based on where you live and other factors. For instance:
- In Georgia, O.C.G.A. § 9-3-33 says you have two years to file a personal injury lawsuit in most cases. Other states may have longer or shorter deadlines.
- There are exceptions to Georgia’s statute of limitations. One of these is based on who you have to sue: with government entities, the deadline is shorter.
- Another exception exists based on the kind of event that caused your injury. You may get extra time if it was medical malpractice. Again, exceptions vary by state.
How to Sue a Liable Party for Medical Bills
The at-fault party’s insurance company is legally responsible for covering whatever damage their client did. That includes medical bills, other financial losses, and your physical and mental injuries. You can ask them to pay a just settlement by:
- Filing a personal injury claim that details what losses you sustained, including the estimated cost of your medical care
- Evaluating any settlement offers they make and only accepting an offer that meets your present and future medical needs
- Negotiating with the insurer’s representatives for fair compensation
- Taking your case to court and seeking a jury award if the insurance company refuses to treat your case fairly
If any or all of these steps seem outside your present abilities, you can hire a personal injury law firm to fight for compensation on your behalf.
A Personal Injury Lawyer Can Help You Understand Medical Liens
Medical liens and other legal actions can be very difficult to implement and deal with on your own, especially while recovering from an injury. Hiring a personal injury lawyer can allow you to protect your rights and pursue compensation without causing your family any additional stress.
Your legal representative can help you by:
Establishing the Worth of Your Providers’ Medical Lien
Depending on the nature of your injuries, you may have one or more providers laying claim to your personal injury settlement. You want to be sure that you get enough money to pay them all, plus have enough left over to cover things like property damage and loss of wages.
Your attorney can help you by collecting evidence to prove how serious your injuries are and how much you will likely have to pay to treat them and improve your quality of life.
Communicating With Others About the Medical Lien
For instance, your providers may want frequent updates about your case’s progress, and the insurer may try to convince you to accept less money than you need.
If any of these parties try to contact you, direct them to speak with your personal injury attorney. A law firm can field whatever questions they have, fend off attempts to devalue or exaggerate your case’s worth, and make sure the terms of the lien are favorable to you.
Pursuing the Money to Cover Your Medical Lien
Your ability to continue receiving medical care is based on your providers’ faith in your ability to win the money to repay them for that care. Hiring a personal injury firm can boost both your and your providers’ confidence by:
- Building a strong case against the liable party with important documents, testimony, and photos or video footage
- Calculating your case’s true worth with help from legal formulas and supporting documents (including your medical records) and experts (such as your provider)
- Negotiating aggressively with the insurance company so they understand you are serious about collecting just compensation
- Taking your case all the way to trial if necessary, fighting for the money you need and a fair outcome to your case
Reassuring You About the Medical Lien and Your Case
It can take a long time to recover compensation after an accident. In the meantime, you may be very stressed and worried about how you will cover the lien and pay your bills.
Any time you need an update or encouragement, your personal injury lawyer can be there for you. The right firm will care deeply about their clients and make sure they are coping with the situation as well as can be expected.
Click to contact our personal injury lawyers today
Medical Liens and Your Legal Rights
Kaine Law wants to make your legal case as straightforward and stress-free as possible. Call us today to learn about the value of your case and if a medical lien is a good option for you. We charge no attorney’s fees unless we win. Our legal team is here to ease your financial burden, not add to it.
Call or text 404-214-2001 or complete a Free Case Evaluation form
