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After months of gathering evidence and establishing a strategy with your lawyer, you may be relieved to hear that your personal injury case was successful. As a result, you’ve been compensated for your medical bills by the party responsible for your damages. Unfortunately, you may not be able to hold onto these funds due to a legal claim called a “medical lien.” If you’re worried about having compensation revoked, use the following guide to learn about this possibility.

What Are Medical Liens?

After you’ve received money from your personal injury claim, the people or parties who paid for your medical costs can request some of that compensation. For example, if you took advantage of medical aid from the government, the state or federal entity could file a medical lien against your award. If your health insurance company fronted the cost of that surgery, they could also request compensation. The same goes for hospitals if you have outstanding fees.

How to Handle Them

personal injuryFirst, your attorney will make sure the party who files a lien is complying with their respective statutes. For example, hospitals must file medical liens within 180 days of your release and include accurate information about you and your care. Without following these guidelines, the lien isn’t valid.

If the lien is enforceable, you can take legal action to reduce the amount of money you’ll have to give up. Your attorney can negotiate with the hospital or workers’ compensation carrier, convincing them to accept less money since you were not responsible for the injury. This is especially likely if the total amount received from your personal injury claim wasn’t enough to cover the medical bills in full.

 

If you’re dealing with a personal injury lawsuit and are worried about fulfilling medical liens, let Ibold & O’Brien help. This Chardon, OH, firm has been representing area clients since 1980 and has received awards for ethics and legal competency. They work in a wide range of practice areas from family law to bankruptcy. To learn more about their skills, visit the firm’s website. Schedule a consultation at their Orwell location by calling (440) 437-5295 or at their Chardon office by dialing (440) 285-3511.

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