Healthcare Liens

Healthcare Liens

When a hospital or healthcare provider provides treatment to someone injured in an accident, they often assert what is called a "lien" against the proceeds of any personal injury settlement eventually obtained from a third-party who was at fault.  The lien entitles the healthcare provider to be paid the difference between 1) their customary charges for the treatment provided and 2) any amounts they have received so far from one's insurance.  This is called balanced billing. 

Often times, however, someone injured in an accident will receive treatment from 3, 4 or even 5 different medical providers. They may first go to the ER, then to their Primary Care Physician, then to a chiropractor, physical therapist, or even a surgeon.  Each of these providers may assert a lien.

As you can imagine, if the amount of all of these liens equals or exceeds the amount of any settlement, an injured party could be left without any money after settling their case.   Therefore, it is absolutely critical before settling any case that you identify all of the liens that have been asserted, carefully review them to determine their validity, and then negotiate them to ensure that you receive the maximum amount from the settlement to compensate you for your injuries.

Some firms limit their representation to the settlement of your personal injury claim, and may charge extra to negotiate your liens with your healthcare providers.   However, as part of our representation, we work with all of your medical providers to negotiate the amount of their lien, to ensure that a substantial amount of the settlement proceeds go into your pocket, not theirs.