Medical Liens in Personal Injury Cases

download-6-2Almost every injured accident victim is relieved to finally reach the end of their case and receive compensation for their injuries.  A personal injury case can be long, grueling and traumatic as the injured person has to relive the crash over and over again.  However, many victims are surprised to learn that their medical providers and health insurance company may be entitled to a chunk of their settlement funds.

Medical Liens

Under Massachusetts law, a medical lien is a claim asserted by an insurance company or healthcare provider for services rendered to the injured following a car accident.  The law states that both of these healthcare entities may have a lien against any third party proceeds recovered by the victim.  This includes insurance funds paid as part of a personal injury settlement.

Under G.L. c.111 s. 70B, a medical provider wishing to assert a lien must provide written notice of the lien to the injured person in order to have the lien “perfected.”  Perfecting a lien simply means that the lien is legally enforceable.

A health insurance provider may also have a lien for any funds paid to medical providers treating the injured victim following the accident.  Worse yet, under Massachusetts law, the health insurance provider does not have to reduce its lien for other costs, including attorney fees.  This essentially means that the health insurer is legally entitled to recover 100% of its costs.   This can make a huge difference in the bottom line of the settlement.

Negotiating Liens

An experienced personal injury attorney will know how to handle the issue of medical liens to reduce the impact on you.  In some cases, a medical provider or health insurer will agree to take less than the total lien amount as a compromise.   The provider or insurer may take into account the limited funds available to the victim and also the possibility that the injury claim may not settle for its full value due to liability or some other issue.   When trying to negotiate a lien, it is absolutely imperative that you engage the services of a good attorney to ensure that you maximize the value of your case.

Boston Personal Injury Attorneys

At the Law Offices of Jeffrey S. Glassman, our attorneys have experience in navigating the complex world of medical liens.  We are always looking for every angle to ensure our clients receive the highest possible value for their cases.  For a free consultation with one of our Boston personal injury attorneys, please call us today at 617-367-2900.

Note for readers: Information provided in this post is gathered from secondary sources and not independently confirmed for accuracy. Please bring to our attention any inaccuracies that may be included so they may be corrected, or information removed as requested.

DISCLAIMER: Information provided in this post is not intended to be used as legal or medical advice, nor disrespect the victims or families in any way.  We are providing this post for general information on everyday tragedies and presented in a manner to protect and honor the victims and their families. Minor differences can change the outcome of cases, based on jurisdictional laws.  The information provided in this post should not be relied upon as legal or medical advice. We suggest seeking assistance from legal or medical professionals for your personal circumstance, when necessary.