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September 16, 2021 | Gary Burger

What Are Liens in a Personal Injury Case?

If you win a personal injury case or obtain a settlement, you may end up receiving much less than your initial settlement amount. In this video, St. Louis personal injury lawyer Gary Burger explains the concept of liens and how you can resolve them and lower how much you may owe medical providers.

So we did a CLE, which is a continuing legal education class last week. And let me ask the next question. What do you do with liens in a case? How do you negotiate, resolve liens in a case? Because in any injury case, whay is a lien? It's a claim and a case held by an outside person.

So you will have your health insurance company who paid for medical care. And now they want their money out of the case. Or you'll have a medical provider, like a doctor hospital, ER, ambulance, air flight, or physical therapist. They want to get paid out of the case because the injured person did not have any health insurance or because those people didn't get paid enough by the health insurance. Or the other kinds of liens you could have, you could have an attorney's lien in a case, you can have a Medicaid or a Medicare lie in a case. So there's always a lot of liens in a personal injury case.

And it's really important for me as a personal injury lawyer to not only get as much money as I can from the defendant in a case, but also to minimize the payouts on the back end. You pay to all the lien holders, which is really a trick to do. So we do that and I tell all my clients, not only am I going to get you as much money as I can on the front end from the defendant, but I'm gonna minimize the payouts of the lean holders in the back end. And there's a lot of tricks that I do are a lot of techniques that I do to try to minimize the penalty and get as much money in my client's pockets as I can.

We did all those in a CLE the other day which is a continuing legal education class in which we did that. And I, and while I'm talking, if Dave doesn't, oh, they just put up the podcast episode. If you guys are Dave, Dave put up the whoever did that burger law did put up the epi, put up the under resources.

If you go here and you go to CLEs at the bottom, if you go to my June 19th, 20, 20 CLE, you'll see all the presentation, my lean presentation. The appendix leans and how to resolve them are liens and what that means. So, and if you wanna get in the weeds and we did that to, for about a hundred lawyers a couple Fridays ago, and we also did a great ethics, CLE love at lawyer in the time of the coronavirus.

And if you want more answers to get and get into details, if you're a lawyer watching this, we have great stuff on how to effectively handle it. Resolve liens in a case, which is something we encounter in every personal injury case. Not only are we fighting to get the money in the first instance, but we're also fighting all the lien holders, the health insurance companies, the providers, and that kind of stuff.

Now it's not that those people don't have a legal right to recover. Sometimes they do, but you gotta know when they do. And when they don't, and it's not like the doctors didn't provide great service to our clients, they did. There's a lot of great lawyers and there's a lot of great doctors. There's a lot of great doctors and nurses and physical therapists and chiropractors and x-ray techs and, and radiologists who ought to get paid really well for the great work that they do. And we want to do that. And I pay a lot of doctors and, and we pay, when we settle cases, we pay out a lot of healthcare providers, because those people work really hard and are dedicated people.

They're on the front lines with the coronavirus now. So we want to get them paid and we work hand in hand with them. However, we don't wanna get 'em overpaid and it does come out of our client's pocket. So, the doctors should get paid fairly but not unfairly. And they shouldn't get paid too much.

And we never, we really don't have a problem with that. We very rarely have to go to with motions in court to fight it. We very rarely have to join that battle, so to speak, but we know what the rules are and what the guidelines are about. What's fair payment. And we try to make it fair for everybody.

And we're really effective at doing it.

For more help with your personal injury case, call Burger Law today at (314) 500-HURT.