Dealing With Medical Bills And Health Insurance After A Car Accident: Stand Up Straight & Stop "Liening"
The subject of liens causes concern in most lawyers handling injury cases. When I say the term lien in auto accident and personal injury cases, I refer to the interest a third-party has in recouping money it paid for medical services. This usually happens when a health insurance company or governmental entity pays medical bills. Liens can also arise when medical providers perform medical services and are not paid by the patient/client or their insurance. The term "lien" can also include terms such as subrogation and workers' compensation reimbursement. Admittedly, this is a complicated subject that could be the subject of a full treatise.
I have a simple rule of thumb: it is better to address liens and subrogation interests head-on instead of ignoring the issue. In years past many lawyers, many very good lawyers in fact, routinely ignored repayment issues. Recently, however, the legal landscape has changed significantly. Here is a short list of some of different types of liens and subrogation interests that lawyers handing personal injury claims are likely to encounter:
