Learn more about liens on personal injury settlements
Posted June 16th, 2015 by Anthony Carbone, PC.
Categories: Legal Topics, Personal Injury.
It might seem like ages since the accident occurred. Liability has been established against the party who caused the incident. The insurance company might have tendered a settlement offer. Alternatively, an arbitrator may have set the value of the case. An award may be entered as a result of a court trial. There is an important step before monies are actually paid out to the injured party. Take some time to learn about liens and personal injury awards/settlements.
What is a Lien?
You may have heard the term lien as it applies to property ownership. For example, you can put a lien against someone’s house if they failed to pay a debt and you go through the proper court process. Title search companies examine properties to see if there is a lien against them.
How does the term lien apply to personal injury lawsuits? In most cases, it refers to payment of medical bills. If some form of insurance paid for your medical bills, they may be entitled to partial or full reimbursement. Often, repayment demands are asserted via a lien letter to your attorney’s office. Before monies are paid out on your file, it is important that all liens are satisfied.
Workers’ Compensation Lien
If you were injured during the course of your employment, your employer has an obligation to afford you payment for medical bills, lost wages and a portion of permanent disability. However, if recovery is made against another party who caused the injuries, the workers’ compensation carrier expects that it will receive two thirds of the money it extended. In rare cases, this amount may be negotiated to a lower sum.
Consider the example of a delivery driver on the road to drop off packages at someone’s home. Another vehicle operator speeds through a red light and strikes the delivery truck. The delivery driver is severely injured and the employer affords him workers’ compensation benefits. When the delivery driver pursues a civil case against the vehicle operator who caused the accident, a workers’ compensation lien is asserted and must be paid.
If you are a recipient of either Medicare or Medicaid benefits, there may be a delay in processing your final check. Both entities are entitled to reimbursement for payment made on related injuries. It is important that the attorney is aware of any benefits you receive from either entity. This allows the communication process to ensue from the initial engagement.
The Law Offices of Anthony Carbone has handled all types of personal injury cases, including those with Medicare or Medicaid liens. We have a notification procedure in place and do our best to hasten the process. We carefully examine all alleged claims paid on a case to ensure they are accurate.
Doctors may assert liens, as well as certain health care insurance providers. Call the Law Offices of Anthony Carbone to discuss your case and any confusion regarding prospective liens.