Battle Born Injury Lawyers | April 27, 2023 | Personal Injury
Suppose you just settled your personal injury case in Las Vegas for a car accident, slip and fall, medical malpractice, or another incident. However, your lawyer said you could not have a settlement check until they pay the liens on your Las Vegas personal injury case. What does the attorney mean?
What Is a Medical Lien in a Las Vegas Personal Injury Case?
A medical lien gives a healthcare provider the right to be paid for their bills from the proceeds of a personal injury settlement or verdict. Typically, medical bills are due and payable when services are rendered. Unfortunately, you do not receive immediate reimbursement for medical bills in a personal injury case.
Instead, medical costs are included in your economic damages. When you settle your personal injury claim, a portion of the settlement amount is the amount in medical bills you incurred because of the injury.
Therefore, it is your responsibility to pay your medical providers for treatment. However, many accident victims do not have the funds to pay for medical care after an injury or accident.
A doctor could refuse care if you do not have health insurance coverage or another way to pay the medical bills. Nonetheless, many doctors agree to accept a medical lien to continue treatment without immediate payment.
The doctor might require you to sign an agreement creating the lien against your personal injury proceeds. Before signing any liens or agreements, talk with your Las Vegas personal injury lawyer to ensure the lien document is fair and legal.
Also, Nevada law allows hospitals to place liens on personal injury settlements or verdicts. The law gives the hospital the right to attach an automatic lien for treatment costs related to a personal injury case.
What Is a Subrogation Lien in a Nevada Personal Injury Case?
Many people use their health insurance coverage to pay medical bills after an accident. However, doing so can create a lien against your personal injury settlement.
A subrogation lien is similar to a medical lien. Your attorney must pay the subrogation lien before releasing any proceeds to you. However, a subrogation lien is created when an insurance provider pays medical bills related to a personal injury or accident.
Subrogation claims could be filed by:
- Private health insurance providers
- Nevada Medicaid
- An employer’s health insurance company
- Nevada State Children’s Health Insurance Program (SCHIP)
Most health insurance policies have subrogation clauses that allow insurance companies to be reimbursed for bills they have paid related to the case. Therefore, your lawyer must pay the subrogation claims before you can receive payment.
Negotiating Liens on a Personal Injury Case in Las Vegas
An experienced Las Vegas personal injury lawyer attempts to negotiate payoffs of liens to keep as much money for you as possible. Insurance companies and medical providers are not required to accept a lower amount to satisfy their lien. However, many providers will accept a lower payment, especially when the victim did not receive the total value of all damages.
Furthermore, experienced personal injury attorneys in Las Vegas do not merely pay liens without carefully reviewing them. The lien amount must reflect the actual cost of treatment or the amount paid by the insurance provider.
For example, a hospital’s charges must be reasonable and fair. If the hospital tries to overcharge you for services, your lawyer might be able to challenge the amount to reduce the lien.
Additionally, health insurance companies often negotiate reduced payments with medical providers. As a result, the amount the health insurance company pays is lower than the amount the provided billed you for the services.
An insurance company cannot claim reimbursement of the total of the bill when it paid a lower amount. Therefore, comparing the insurance payments with the total amount of the bills is important to avoid overpaying a lien.
You have the right to contest subrogation liens and medical liens that you believe are unfair or fraudulent. Your Las Vegas personal injury lawyer can discuss options for objecting to liens against your personal injury settlement.
What Should I Do if I Cannot Pay the Medical Bills From an Accident or Personal Injury?
Receiving immediate medical treatment for injuries is crucial after an accident or injury. Prompt care improves your chance of recovery. It also helps avoid allegations of failure to mitigate damages and fraud.
Talk with a Las Vegas accident lawyer if you cannot pay for medical care after an accident. An attorney might suggest options for obtaining medical treatment you were unaware of after the accident. Also, the attorney can discuss medical liens with your healthcare providers to help you receive the treatment you need after an accident.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.