In a personal injury case, many injured parties think the most important part of the process is resolving the case at the highest amount with the negligent driver’s liability carrier, either through settlement or verdict. While this is an essential step, just as important is locating and reducing (compromising) medical liens.
You don’t want to settle your claim today and find out a year from now that you owe the hospital, your doctor, your health insurance carrier, Medicare or AHCCCS (Medicaid) a small fortune. You also may have missed a window of opportunity to get these liens compromised, not to mention that you have insufficient settlement proceeds left to pay these debts.
Even if you had health insurance, a medical provider may be able to file a lien against your case for the difference between your full bill and what your health insurance has paid to them. This is true even if the medical provider and your health insurance carrier have an agreement where the former accepts in full what the latter pays.
Health insurance, which is set up under federal ERISA law, also gets to recoup (subrogate) the amount of money it has paid to medical providers on behalf of their insured if a negligent party causes the insured’s injuries.
Medicare and AHCCCS also have statutory rights to collect money that they have paid to medical providers on behalf of an injured party if that party collects money from the negligent party or his liability carrier.
It is imperative that you maximize your settlement amount and locate and compromise liens. An experienced personal injury attorney can do these things for you and, in most cases, provide you with more net proceeds than you would have otherwise gotten on your own, despite the attorney’s fees. Plus, you can pass the headache of dealing with adjusters and bill collectors along to your attorney.
If you or a loved one has been involved in a car accident, motorcycle accident or pedestrian accident, reach out to the experienced lawyers at Select Law. With our extensive experience in the legal field, we know what it takes to win your case. Call us at (425) 891-6691 to arrange your FREE CONSULTATION with an experienced attorney (in person, phone, zoom or your residence/hospital)
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