In the aftermath of an accident that was caused by someone else’s negligence, your medical bills can pile up quickly. Medical liens grant lienholders like medical providers the right to reimbursement through personal injury settlements prior to claimants receiving any funds. In other words, anyone who holds a valid lien against your claim will be paid before you are, which can make a big difference in terms of the compensation you receive. Our experienced Buffalo personal injury attorneys at Campbell & Associates are committed to fiercely advocating for your claim’s best possible resolution.
The Medical Lien Asserted against Your Buffalo Personal Injury Claim
If you can’t keep up with your medical bills following an accident, the medical providers involved may delay payment until your personal injury claim is finalized. This ensures that you will receive the medical care you need without the stress of covering your medical expenses and addresses the medical provider’s right to payment.
Those who are most likely to hold medical liens include all the following:
- The hospital at which you receive care
- Your treating physicians
- Medicaid or Medicare, as applicable
Obtaining Your Injury Settlement
If you’ve suffered an injury at the hands of someone else’s negligence, you can file a personal injury claim against them through their insurance provider. In your claim, you’ll need to prove that the other party’s negligence was the direct cause of your injuries. You’ll also need to outline the scope of your losses in relation to medical costs, lost income, and pain and suffering. If there are any liens against your claim, it can lead to a serious decrease in the amount of compensation you receive.
How a Medical Lien Can Affect Your Settlement
It’s challenging to calculate the amount associated with a medical lien. An important factor that can play a primary role is the reduction in overall costs determined by insurance reimbursements. Insurance providers typically pay only a portion of the associated costs, which can lead to variation in the lien amount.
A resourceful personal injury attorney is well-equipped to navigate this challenging legal terrain. Often, this involves negotiating reductions in outstanding amounts with lienholders. In addition, legal limits apply to certain kinds of medical liens and should be upheld.
Not All Medical Liens Are Enforceable
For a medical lien to be valid and, therefore, enforceable, the lienholder must carefully adhere to all applicable legal procedures. These include providing the accident victim with timely notice and proving that the services included stem from the underlying accident. Liens can also be challenged in relation to overbilling and failure to follow all statutory requirements.
Our Experienced Buffalo Personal Injury Lawyers Care about You and Your Settlement
Our accomplished Buffalo personal injury attorneys at Campbell & Associates have the experience and legal skill to help guide your claim toward an optimal outcome, and we welcome the opportunity to help. Learn more by contacting us online or giving our firm a call at 716-992-2222 today.
