Illinois Healthcare Lien Act

Enforcing Medical Liens

Missouri Lien Statute allows medical providers to enforce a lien by filing a lawsuit against the at-fault party or their insurer. Medical lien and other statutory claims on a settlement amount mean an injured victim cannot recover total compensation.

The hospital and the insurance provider that took care of the medical bill have a prioritized claim in the settlement amount.

“Frankly Illinois liens are just a little more complicated.”

“Liens can be overlooked, an afterthought or dreaded. We do the opposite: tackle liens head on, discuss them during settlement talks with the client, the other side and the lien holder.”

“We have to be careful not to over reduce or be unfair to medical providers because they have given great service to you as the client.”

Schedule a free case evaluation here.

Gary Burger

Litigation Attorney

If you sustain an injury due to someone’s fault and a subsequent settlement, you cannot keep the lien and ignore the lien. Interestingly, lien holders can recover their monies from attorneys who may have already recovered their costs.

What Is Subrogation?

Subrogation is the right of one party to request reimbursement of expenses paid or incurred on behalf of the injured party. For example, your auto insurance provider has a right of subrogation for medical bills and other crash-related costs to the at-fault party’s insurance provider.

Medicare and Medicaid have similar subrogation rights for medical expenses. Once Medicaid has catered to the injured party’s medical bills, it can seek reimbursement from the at-fault party that caused your injuries.

The subrogation of medical expenses is determined based on a formula. Consequently, an injured victim receives a net of procurement expenses such as legal fees. 

More importantly, the Missouri Lien Statute §411.37 requires Medicare to reduce its recovery by considering the cost of procuring the judgment and procurement cost incurred in case of a disputed claim.

How Can An Injury Lawyer Reduce the Lien?

If you sustained a severe injury and substantial loss of income, you’ll likely have a medical lien, an amount that is due from the settlement. Unfortunately, once a lien is in place, it reduces the proceeds of the settlement amount. 

A personal injury attorney representing your case can enhance your settlement amount by negotiating better terms with lien holders. Usually, handling a personal injury claim with a medical lien is often complicated without legal representation.

Even so, an experienced attorney can help defeat or reduce a lien because they have vast knowledge and experience navigating medical liens.

An experienced personal injury attorney can fight a lien using the following strategies:

• Statute of limitations
• Negotiating with healthcare providers
• Claiming the debt from the at-fault party insurance provider
• An agreement not to file a suit
• Improper execution of the lien
• Auditing the treatment plan

An experienced attorney can reduce the lien on the settlement amount by aggressively representing the interest of the injured victim to the insurance adjusters, insurers, and healthcare providers.

An attorney may also approach a doctor early enough, demonstrating a common interest in financial recovery, which may involve a compromise to avoid litigation and help solve disputes.

Speak to an Experienced Personal Injury Attorney For a Fair Outcome

A qualified attorney can help you address any lien that may come as your court moves through the justice system. You also need legal support to identify a legal lien and create a negotiation strategy to lower the deducted amount from your settlement.

Consider hiring an experienced attorney from Burger Law Trial Injury Attorneys with a proven track record of success.

Contact us online or at (314) 907-2152 for a free case review.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

click here more Info