How Do Medical Liens Work After a Personal Injury?
After an accident that wasn’t your fault, medical bills can pile up quickly, especially if your injuries prevent you from working. While waiting for your personal injury case to settle, a medical lien allows you to defer payment to healthcare providers until your case is resolved.
However, liens can also complicate your settlement. Understanding how they work and the role of an experienced Appleton personal injury lawyer can help you keep more of your compensation.
What Is a Medical Lien?
A medical lien is a legal claim placed on your personal injury settlement by a healthcare provider or insurance company. It makes sure they are reimbursed for the medical treatment you received before you receive your share of the settlement.
It allows you to get the necessary care without paying upfront while waiting for your claim to be resolved.
However, medical liens can affect the final amount you receive from a settlement. One case that highlights this is Sereboff v. Mid Atlantic Medical Services, Inc., where the Supreme Court upheld a health insurer’s right to reimbursement after covering an accident victim’s medical expenses. This ruling set an important precedent for lien enforcement in personal injury cases.
Who Can Place a Medical Lien on Your Settlement?
Medical liens can come from different sources, including:
If you do not have health insurance or cannot afford out-of-pocket medical expenses, hospitals, doctors, or other medical providers may agree to treat you under a lien arrangement. This means they will delay billing you and instead recover their payment from your eventual settlement or court award.
If your health insurance covers your medical expenses after an accident, your insurer may seek reimbursement through subrogation. This means they will place a lien on your settlement to recover the costs they paid for your treatment.
Government Programs (Medicaid/Medicare/Veterans Affairs)
If a government-funded program like Medicaid or Medicare pays for your medical care, they are entitled to reimbursement from your personal injury settlement. These agencies typically assert liens and expect repayment before you receive any funds.
How Do You Know If a Medical Lien Has Been Placed?
Medical liens must be properly filed and disclosed, but many personal injury victims are unaware that one exists until settlement negotiations begin. Here are a few ways to find out if a lien has been placed on your case:
- Check Your Medical Bills: If your healthcare provider has not billed you directly for treatment, they may have placed a lien on your personal injury settlement instead.
This is common when a provider agrees to delay payment until your case is resolved, expecting to be reimbursed from your final settlement. Carefully review your medical statements for unpaid balances or unusual billing activity.
- Review Correspondence: In Wisconsin, healthcare providers, such as hospitals, must file a “Notice of Hospital Lien” with the Clerk of Circuit Court within 60 days of your discharge. They must notify you, the liable party, and your insurer, if applicable, within 10 days of filing.
If you receive a lien notice, review it carefully and consult an Appleton personal injury lawyer to ensure it is valid and properly filed.
- Ask Your Lawyer: Your Appleton personal injury lawyer can investigate and confirm whether liens have been filed against your settlement. They can review court records, medical statements, and correspondence from healthcare providers or insurance companies to identify outstanding liens.
Your attorney can verify the legitimacy of the lien, ensure it was properly filed within Wisconsin’s legal requirements, and determine whether it can be negotiated, reduced, or even dismissed.
How Are Medical Liens Paid?
When you win your personal injury case, your settlement check will be distributed in a specific order:
- Attorney’s Fees and Case Costs: Your lawyer’s contingency fee and court-related expenses are deducted first.
- Medical Liens: Liens from healthcare providers, insurance companies, or government agencies are paid before you receive your portion of the settlement.
- Your Compensation: After all deductions, the remaining amount is paid to you for pain and suffering, lost wages, and other damages.
This structured payout ensures that medical debts are settled, so you don’t have to figure out how much to pay each provider on your own.
Can a Lawyer Help Reduce Your Medical Lien?
Yes! One of the biggest benefits of hiring a personal injury lawyer in Appleton is their ability to negotiate and reduce medical liens. Your attorney can do the following:
- Dispute Unnecessary Charges: Sometimes, medical providers charge excessive fees or include unrelated expenses in a lien. Your lawyer can challenge these charges.
- Negotiate Lower Payments: Attorneys often work with lienholders to reduce the total amount owed, ensuring you keep more of your settlement.
- Ensure Compliance: If a lien was not properly filed or documented, your lawyer may be able to have it dismissed.
Why You Need a Personal Injury Lawyer to Handle Medical Liens
Handling medical liens without legal assistance can be overwhelming. A personal injury attorney will:
- Review all liens to ensure they are valid and properly filed
- Negotiate reductions to maximize your take-home settlement
- Handle all lien payments so you don’t have to worry about disbursing funds yourself
- Advocate for your best interests, making sure your financial recovery is fair
Protect Your Settlement With Legal Help
Medical liens are a standard part of personal injury cases, but they can impact the amount you receive from your settlement without proper handling. If you’ve been injured and are facing medical bills while waiting for your case to settle, a medical lien may be an option, but it must be managed correctly.
Brian Hodgkiss Injury Lawyers can guide you through the process, protect your settlement, and work to reduce the amount you owe.
Don’t try to manage this complex process alone. Contact an experienced Appleton personal injury attorney for a free consultation and ensure you get the full compensation you deserve.