Our David W. Martin Accident & Injury Lawyers in South Carolina know medical bills can add up quickly after an accident, leaving victims stressed about how to pay for necessary treatment. Many people file personal injury claims against the at-fault party’s insurance to recover these costs and other damages, including lost wages, loss of earning capacity, rehabilitation costs, pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.
However, once your claim is assembled, presented to the insurance company, negotiated, and agreed upon, one lingering challenge associated with personal injury claims is medical liens.
These liens are common in personal injury cases and must be addressed before receiving your total settlement. Understanding how they work and how to handle them is crucial to getting the most out of your settlement. Here’s what South Carolina personal injury victims need to know.
What Are Medical Liens?
A medical lien is a legal claim placed on your personal injury settlement by a healthcare provider, health insurance company, or other entity that paid for your medical treatment. Your health insurance should be billed for your medical care for any personal injury case, even though this was caused by the negligence of someone else – this helps avoid your bills going to collections while your injury case is being handled. Essentially, medical liens allow these parties to be reimbursed for the medical expenses they covered after your accident. Medical liens are common because healthcare providers often offer treatment with the expectation that they will be paid once the personal injury claim is resolved. Your health insurance company has a legal right to be paid back from your settlement because they covered medical bills for injuries that wouldn’t have happened if the someone else’s negligence had not caused the injury in the first place.
Why Medical Liens Are Common in South Carolina Personal Injury Cases
Medical liens are a frequent part of personal injury cases for several reasons:
- Delayed Settlements:Personal injury cases take time to resolve, during which victims still need immediate medical care. Healthcare providers and insurance companies know this and use liens to ensure they are eventually reimbursed for services provided.
- Healthcare Access:Many healthcare providers in South Carolina offer treatment under a lien agreement when victims cannot afford upfront payments. This approach ensures that accident victims can receive necessary care without paying out of pocket while awaiting settlement.
- Health Insurance Reimbursement:If your health insurance covers some of your accident-related treatment, your insurer may place a lien to recover costs from your settlement rather than paying for care that should be the responsibility of the at-fault party’s insurer.
Why It’s Important to Address Medical Liens Before Finalizing Personal Injury Settlements
Handling medical liens properly is crucial for several reasons:
- Legal Compliance:Ignoring medical liens can lead to legal complications, as lienholders have the right to pursue payment even after you receive your settlement. Failing to satisfy valid liens can result in lawsuits, wage garnishments, or damage to your credit score.
- Maximizing Your Settlement:Effectively negotiating liens allows you to retain more of your settlement. A lower lien amount can increase the net funds you receive after paying medical bills, legal fees, and other expenses.
- Avoiding Delays in Settlement Distribution:Settlements cannot be fully distributed until all liens are resolved. By addressing liens promptly, you can speed up the distribution process and access the funds you need to recover financially.
How David W. Martin Accident & Injury Lawyers in South Carolina Help with Medical Liens
Partnering with our lawyers is one of the most effective ways to handle medical liens in South Carolina personal injury settlements.
We will identify all potential liens, including those from hospitals, doctors, other healthcare providers, insurance companies, or government programs like Medicare or Medicaid. We will review their legitimacy and ensure you only pay for services related to your injury by requesting documentation from each lienholder to verify the amount owed and the services provided.
Our experienced personal injury attorneys have established relationships with lienholders. We can negotiate significant reductions using our knowledge of lien laws and established relationships with medical providers to achieve better outcomes and increase your net recovery.
Contact Our David W. Martin Accident & Injury Lawyers Today
Contact us today at (803) 302-3989 to learn more. We provide free consultations for all South Carolina personal injury cases and never charge legal fees unless we deliver a positive outcome for your unique case.