Law

Liens in personal injury cases – what are they?

Whether you get injuries from a fall, dog bite, auto accident, or another incident, you will have to pay medical fees for the care of your wounds. Those medical expenditures are your obligation to cover. In the event that you have health insurance, your health insurance provider should cover the cost of medical care.

O.C.G.A. 414-14-470 through 476; however, allow the medical provider to put a lien on your personal injury compensation if you do not have health insurance.

When Can a Medical Provider Place a Lien on a Case for Personal Injury in Georgia?

 

A medical facility with a doctor on staff has the right to place a medical lien against the proceeds of a personal injury settlement. It’s not you that the lien is on. It is, however, counter to the proceeds of any jury award or settlement you obtain from the person who injured you.

Medical liens are unavoidable in personal injury situations, unfortunately. Health care professionals have the right to sue those responsible for your injuries if you choose not to pursue a claim for damages from the party who caused them. If your accident lawsuit is settled, you must pay the medical liens or risk legal repercussions.

In order to satisfy the providers’ medical liens, your personal injury attorney could persuade them to accept smaller payments. Medical professionals are not compelled to discuss liens, though. With the help of an experienced Atlanta personal injury attorney, you will have someone who understands the law and how best to handle medical liens.

I have a medical lien; how might a personal injury attorney help?

In order to save as much money in your pocket as possible in your personal injury lawsuit, your attorney attempts to limit the medical liens. Check out https://bestpersonalinjurylawyermiami.com/ for a list of the personal injury attorneys. In order to challenge the medical lien, your attorney might:

  • Negotiating a reduction in the lien amount with healthcare providers
  • Failure to perfect the claim or to contest the lien’s validity on the grounds of the statute of limitations 
  • Using inflated medical costs as a basis for the claim’s attack claims that if you do not receive compensation, filing a personal injury claim may not be worth your time and money. 
  • Approaching doctors to negotiate a settlement before they file liens since you both have a stake in the case is resolved

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