Posted by Gary Burger on August 2, 2016 in Personal Injury
Burger Law fights liens asserted against recovery in cases. These liens can come from medical insurance payments for your bills, Medicaid or Medicare payments for your medical bills, liens directly from the medical providers themselves or liens from child support or other government agencies. For medical providers liens, we fight hard to reduce those. We have various arguments and positions to take with regard to these bills based on the circumstance of case and numerous legal provisions in federal and state law limiting the right of recovery for medical liens. The entities asserting the liens have gained the benefit of our work as lawyers on your behalf to get a recovery for them-they should pay that, so we ask for a reduction. The providers also have to take into account that sometimes bills are fully compensated in case based on difficult liability in the case or questionable causation.
We have a current personal injury case where we are fighting Medicaid because of a surgery that was done in case was not a result of the incident. We also challenge liens based on a Missouri statute R.S.Mo. § 430.225, that says that after the settlement amount after attorney’s fees and expenses have to be split in half with half going to the claimant and half being divided among ALL lien holders. This completely exhausts their bill. Also, if a medical provider (hospital, doctor, radiologist, etc.) is paid from health insurance, they can’t get any additional money from the patient. This is because they contractually agree to accept the insurance payment (sometimes less than the total amount of the bill) as full payment in accordance and satisfaction for their bill. So they can’t get anymore money.
So, not only do we get as much on the front end to settle a client’s case, but we try hard to reduce liens on the back end as well.