When you are involved in an accident in Maryland due to the negligence of another person, your primary concern may revolve around how you will afford to pay your medical bills. Unfortunately, receiving treatment can be expensive, and, as a result, you may find that medical liens have been placed on your settlement award. If you’re unsure what this means or the impact that it can have on your award, the following blog explores what you should know about these pressing matters. In addition, you’ll discover the importance of working with personal injury attorneys in Baltimore County, not only to guide you through this process, but also to fight to have the liens reduced.
What Are Medical Liens in Personal Injury Cases?
When you have sustained an injury and receive care, the provider or hospital can place a lien on a settlement you receive from a personal injury case if you do not have insurance to pay for the care. Your insurer may also place a lien on the settlement to recoup what they have paid towards your care. This is to prevent double recovery, which is when you receive insurer-paid medical care and compensation for that same medical care in your personal injury claim.
Essentially, when a lien is placed on your settlement, it means that the hospital or your insurance will be reimbursed before you are. Once they are paid, you will receive the remainder of the settlement. For example, if you are involved in an accident that leaves your insurance covering a $10,000 hospital bill, your insurer may place a lien on your settlement. As such, if you sue the negligent party and are awarded $15,000, the insurance company would recoup the $10,000 paid for your care, and you would receive $5,000.
How Are Liens Placed?
To place a lien on your property, the interested party must file a formal notice in the county where the care was provided. If the interested party is an insurance company, they will send a written notice to you.
It’s imperative to understand that, in order to place medical liens, the interested party will need to provide a considerable amount of information. Generally, this includes the information of both the patient and provider, as well as the dates on which treatment was received. The lien must also be filed within 180 days of the injured party’s release from the hospital. Failure to file the lien properly can result in it being deemed unenforceable.
Can My Attorney Negotiate the Amount of the Lien?
Because liens can have a considerable impact on the compensation you take home, your attorney may be able to negotiate the amount the lienholder will recover from your settlement. Your attorney may be able to argue that the lien should be reduced because paying the lien in full would place you in significant financial hardship. Alternatively, if a portion of the care you received was not in relation to the accident, your attorney can argue that they would not get the compensation you recovered from an accident case to pay for that care.
Navigating the aftermath of a personal injury case is difficult enough. However, when you add medical liens into the mix, this matter can quickly become overwhelming. As such, it is in your best interest to work with an experienced attorney with the Law Offices of Markey & Orsi to help you recover the justice and compensation you deserve. When you need help, contact us today to learn how we can represent you.