10 Things to Keep in Mind with your Personal Injury Lien and Medical Treatment

Personal InjuryWhen handling personal injury liens, it is important to understand that even though you have been paying a monthly amount toward your insurance, there is the need to pay back a certain amount to the insurance company at the end of the process. Many people find the paperwork exhausting and the concept of having to pay something back quite unsettling and perplexing. Understanding the fiduciary and ethical obligations will allow you to take care of this matter without it being overwhelming or difficult. Liens need to be handled in the appropriate manner, in order to be considered valid.

  • In some states, a hospital lien must contain information about all the specifics and should be delivered in the right manner, before payment is made to the injured party requesting for a claim. Read the contract carefully to understand all particulars, and talk to a lawyer if the terms, conditions, and language used are difficult to follow. This will simplify the material for your understanding.
  • Determine clear parameters of the health insurance company’s claim for the payment due to them. Initial steps involve checking and ascertaining that they are entitled to the money they are requesting. Recovery or reimbursement is generally only in third-party cases, and for the underinsured or uninsured, this liability is not there.
  • A complete or partial payment in advance is not made in advance of the case being settled. This is a rare occurrence in case there is extreme hardship or severe injuries that have occurred. This amount is quite limited if it is paid in advance, so be sure to make the necessary arrangements for funds for treatment.
  • Balance billing is a type of lien you can use, which is the difference between the amount paid through medical insurance and the actual amount of the bill. Hospitals generally write off this amount, but in certain states, the law allows hospitals to permit a lien against this amount in case of third-party settlements.
  • In case of ERISA plans, self-insured employees, or employer-funded insurance plans, medical insurance subrogation liens may occur. A lien may be issued against uninsured, underinsured individuals for coverage of the medical expenses that are incurred by the patient due to injury occurring at work.
  • Auto insurance in some cases may have added clauses for settling medical bills that amount over $5000. These medical payments coverage clauses can be considered in advance before approaching for a settlement on the matter of personal injury liens.
  • A consensual lien may be agreed upon by a doctor that is treating the injured party. Sometimes when a person is uninsured or underinsured, a lien could be offered and accepted as payment, which will be settled once the third party claim is sorted out in due course of time.
  • When medical care costs are reasonable, and can be compared to costs of services provided by other hospitals, there are greater chances to obtain medical liens. Most hospitals and courts do not have a problem with this arrangement.
  • Ensure that the medical practitioner you are consulting is aware of the injury as one that has occurred at work. Discuss liens with them and ask questions about it upfront, so you do not have to struggle to pay for the services. An attorney can help you find certified health care professionals who are willing to accept liens.
  • Make sure that you properly discuss and negotiate liens to lower amounts with an attorney present. In many cases, discussing options with a personal injury attorney present will allow you to take the right decisions. This will also prevent in there being serious concerns in financial recovery following injury or accidents.