Posted by Gary Burger on March 30, 2017 in Law
On April 27th, Burger Law’s putting on a Continuing Legal Education class for lawyers in the area about liens, experts, and class action cases. And so, what I want to talk just a minute is about liens. Liens are claims that other parties have in your personal injury case. They can come from your health insurance, they can come from medical providers, they can come from workers compensation, they can come from a variety of sources, they can come from your Med Pay, they can come from a variety of other places.
One of the things we do at Burger Law is not only do we get as much in the front end to settle your case as we can, we also work to minimize the liens and the amount you pay off to put as much money tax-free into your pocket. So, with lien holders we say, “Hey, you got a free lawyer to go out and get your money, so we’re going to reduce that by a third.”
For some providers, there’s also Missouri lien statute, so any hospitals, medical providers, nurses, PT, ambulance, any of those folks, their recovery is reduced pro-rata, so you take the attorney’s fees and cross out, and then the balance of the money is split half between the claimant and half pro-rata among the lien holders. That’s Missouri Revised Statute .225. And, we just actually argued a big case in front of a judge. We just filed a memorandum on that.
We fight these liens all the time. We recently settled a case where we took a case, a lien from $41,000 to Medicaid, we got it down to $1,300 in a medical malpractice case against an area doctor who did an injection, a cement injection to my client’s back that eviscerated through the body and landed in my client’s lungs. That case was settled in a confidential amount, so I can’t say the amount or really talk too much about the facts.
But, we reduce liens as much as we can. My paralegal, Casey Fluegel’s an amazing expert at this. I’ve written briefs, I lectured the lawyers, I train them how to do that. Insurance companies and all these folks want their money back, and it’s our job to put as much money in your pocket as we can. If you have any questions about liens, call me at 314-542-2222, or on our toll-free number 866-599-2222, or in Illinois at 618-272-2222. Thank you.