31 January, 2024
Sustaining an injury in a car accident is financially, physically, and emotionally draining. The priority of car accident victims should be physical recovery from the injury. Even so, catering to the hefty medical bills that come with an injury is also a source of stress.
Fortunately, you can obtain quality care from healthcare providers who offer treatment in exchange for a medical lien. A medical lien is a service that allows personal injury victims to receive upfront medical care and settle the bill after an insurance settlement or judgment.
Unfortunately, some medical providers obtain a substantial amount of the settlement, which can reduce the resources for catering to injury-related loss.
Consider engaging a trusted car accident attorney who can negotiate for a fair distribution of the insurance settlement.
California Civil Code 3040 restricts the amount of money that a health insurance provider can recover from your settlement. The deduction can either be the amount of medical expenses they catered for or a percentage of the settlement amount based on a few variables, whichever is less.
The cost of medical care depends on the payment made by the insurance company to the health provider. A medical provider who receives payment from an insurer should not receive more than 80% of what they usually charge other patients.
Alternatively, a health provider can receive payment based on the medical bill if they do receive payment from the insurer.
Consider engaging an experienced car accident attorney who can offer better insights on how the California Civil Code 3040 applies to your case.
An experienced personal injury attorney can give you a recommendation for finding a healthcare provider who offers reasonable lien terms before signing an agreement. If you’ve already signed a lien agreement, an attorney can negotiate with the lien holder to reduce the amount you owe or agree to a payment plan.
The California Civil Code 3045.4 limits hospitals to receive up to 50% of the injury settlement amount after paying attorney fees. In most cases, lienholders prefer claiming the entire 50%; however, an attorney can negotiate for a lenient fraction.
An interested party can place a lien on a personal injury case if you have insurance, government health benefits, or are uninsured.
The following institutions have a right to place a lien on settlements:
Health insurance and government health programs use subrogation, a concept that preserves the right to be paid back for the cost they paid on your behalf. An insurer also has the right to take your place in suing the negligent party for compensation.
A medical lien has the potential to take a substantial portion of your injury settlement. Even so, an experienced injury attorney from The Barnes Firm can help you retain a significant portion of your settlement.
We can negotiate with the lien holder for a reduction, settlement, or waiver.
Contact us online or call us at (800) 800-0000 for a free case evaluation.
“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
Getting our clients the best results possible.
or call us at(800) 800-0000
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
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