Dealing with a Lien in Miami Personal Injury Cases
Being in an accident is a life-changing experience. Getting involved in an accident can bring anxiety, pain, and worry. Not only towards your or your loved one’s well-being, but in dealing with the financial implications of the incident.
If you have recently sustained a personal injury, you will be needing immediate medical treatment. This means, of course, that you will need to pay for your medical bills. Medical expenses can even extend beyond treatment, including psychological and physical therapy later.
Luckily, Florida allows hospitals to collect payments out of injury settlement proceeds through the process of a medical lien. Navigating the ins-and-outs of a medical lien can be confusing. Before dealing with a lien, consult with a personal injury attorney in Miami to understand what it may be asking from you.
How Liens Work
A lien is a court order to pay a third party before awarding you the settlement immediately. In this case, the hospital. In a personal injury lawsuit, a medical lien is a legal order requiring that you pay the hospital first out of your settlement proceeds.
It is the right of a health care provider, hospital, or doctor to release a medical lien. However, the amount recovered will be limited to the cost of the treatment or service provided. Formally speaking, you don’t need to worry about overcharges. Whatever is left, you get to keep.
How Do You Receive A Lien?
Hospitals normally file medical liens against patients. When you receive emergency treatment for your injuries after an accident, the hospital files a notice with the county to issue a lien on your treatment. This is assuming that you have already brought up your claim for recovery against the person responsible for your injuries.
Luckily, it is still possible to recover these expenses. The state of Florida may also file a lien to recover Medicaid payments on behalf of the patient. This is to recover what was deducted from your settlement.
If you’re planning on receiving your compensation from an insurance provider, they usually won’t validate a lien. Your insurance provider has already negotiated special rates for your medical treatment and won’t adhere to the demands of the lien. An insurer is responsible for your medical bills minus copays and deductibles. A hospital cannot file a lien for the difference between the negotiated rate and the actual expenses.
How to Validate Your Lien
Some hospitals issue liens just to demand payment for unnecessary expenses. Working with a Miami personal injury lawyer can help you familiarize with these laws to handle your lien correctly.
Medical liens can be a vital part of your claim to negotiate fair compensation from your personal injury lawsuit. Since a lien will cover your medical bills, this should leave some for property damages, wage loss, loss of earning capacity, and pain and suffering. Hospitals must provide services at reasonable rates. When they don’t, you can challenge your lien.
While the lien exists as soon as you start receiving care, the hospital still needs to officially file it with county officials. Within this time frame, you and your personal injury attorney need to work together to evaluate the terms of the lien. Identify clerical errors and assess whether the rates presented by the hospital are fair.
When dealing with your personal injury claim, be aware of medical liens and how they apply to your case. Working with your Miami personal injury attorney can help you negotiate your terms and ensure that your hospital will not exploit your situation. Contact a personal injury lawyer in Miami today to have strong legal protection for you and your loved ones.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Personal Injury Attorney in Miami.
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