San Diego Medical Liens Personal Injury Attorneysdinjury_admin
The Importance of Seeking Medical Attention in Personal Injury Claims
Are you a personal injury victim that has been injured by a third party’s negligent conduct? Negligence is the failure to use reasonable care in doing an activity that results in an accident that causes injury to another person. If you or a loved one have been injured by a third party, the first and most important thing that you need to do is undergo a medical evaluation to assess the extent of your injury. At the San Diego Injury Law Office, we realize that you have just survived a traumatic experience that has left you in both physical and emotional pain; our number one concern is your well-being, that is why we strongly encourage you to seek the medical attention that you deserve regardless of your insurance, financial, or legal status. If you have been seriously injured in an accident, do not be afraid to request the emergency medical attention that you need from the first responders. Understandably, a lot of times personal injury victims fear the overwhelming medical costs associated with being transported in an ambulance to the hospital to treat their injury in the emergency room. You cannot allow your financial fears to risk your health, serious injuries may be difficult to diagnose and if not promptly treated may be life threatening. If your injuries are not too severe and you can afford to wait to see the primary physician covered by your health insurance policy to diagnose your injury, then we advise that you make this appointment as soon as possible following the accident. The timing for seeking medical attention is crucial to determine the extent of your injury in order avoid health complications and to ensure that we can connect your injury to the accident when negotiating your personal injury claim. If your injuries are minor and you do not have health insurance, you can avoid overwhelming medical expenses by seeking treatment at an urgent care center, these facilities provide general medical services at reduced costs. Regardless of your chosen approach to obtain medical treatment, the reality is that the road to recovery following a third-party accident is a long one, faced with physical pain, emotional stress and financial uncertainty. That is why you need an experienced personal injury attorney that you can trust to make your well-being their number one priority by bringing you and your loved ones the peace of mind that you will need to get better. At the San Diego Injury Law Office, we are here to ensure that you receive all of the necessary medical attention that your injuries require without being overwhelmed by the substantial expenses that seeking medical treatment costs. Our knowledgeable personal injury attorneys specialize in negotiating the medical expenses on behalf of our victims so that you do not have to face the financial implications of a third-party accident alone! We understand that as a victim in a third-party personal injury claim you have many questions but do not have time, patience or money to waste, our personal injury legal experts are standing by to provide a free legal consultation and evaluate your case, give us a call at (619) 343-2992.
Understanding the Contractual Obligations Under a Medical Lien
If you or a loved has been injured by the negligence of a third-party, you need to be aware of your responsibility to pay for any medical services that you contract to receive and are rendered to you in relation to the injuries that you suffered in the accident. A lot of times personal injury victims in third-party accidents assume that they have no legal obligation to pay outstanding balances for medical services rendered because the third-party liable for their injury will be billed separately for these charges. Based on this mistaken assumption, personal injury victims will negotiate their settlement awards with the third-party, unaware that medical liens have attached to their personal injury claim. At the San Diego Injury Law Office, we know that winning a personal injury settlement against the third-party responsible for your injury is only half of the battle in a personal injury claim, the other half requires negotiating the medical liens that exist in your claim. A medical lien is the financial interest that a health care provider has a right to assert in a personal injury claim against any final judgment or settlement obtained by the personal injury victim from the third-party responsible for causing the accident. Specifically, it is the right to demand monetary reimbursement from the proceeds of the personal injury settlement agreement for the services provided to the personal injury victim connected to the accident. In other words, if you have been injured by a third-party and you contracted with a medical provider to receive treatment for your injuries, you will be required to use the proceeds from your settlement with the third-party to pay the medical provider for the services rendered. Negotiating medical liens with healthcare providers and their agents is our specialty. A medical lien claimant can be any doctor, chiropractor, physical therapist, nurse practitioner, hospital, x-ray facility or any type of clinic that provides medical services to a personal injury victim. When you seek medical treatment for injuries resulting from a third-party accident, the medical provider’s office will require that you fill out forms listing the cause of your injuries, identifying the third-party responsible and provide any insurance information that may be used to cover the medical services you will receive. If you cannot afford medical services, do not have health insurance or have insufficient coverage and require medical treatment, the health care provider will require you to sign a contractual lien authorizing medical services and reimbursement to the medical providers from the proceeds of your settlement award. On the one hand, medical treatment on a contractual lien basis helps personal injury victims by allowing them to obtain the medical services that they need to treat their injuries and that they could not otherwise afford. On the other hand, signing a medical lien may significantly reduce the amount that you can recover from a personal injury claim because as the patient, the personal injury victim will be liable to pay for the medical services rendered out of the proceeds of the settlement award. That is why it is crucial that you communicate with our personal injury attorneys from the onset of the case what the extent of your injuries are and what type of medical provider has diagnosed you so that we can help you make an informed decision on how to proceed with medical treatment. Do not wait to be overwhelmed by a pile of bills from medical providers and collection notices from their agents, regain control of your financial situation now by giving our medical lien experts a call at (619) 343-2992. After thoroughly reviewing your personal injury claim at no cost, our personal injury attorneys will provide you with our findings and discuss with you the merits of your claim.
Limiting Reimbursement for Medical Liens in Personal Injury Claims
When it comes personal injury claims, the reality is that medical lien claimants will often try to take advantage of the victims’ need for treatment and inexperience handling third-party claims. At the time that you enter into a binding agreement for medical treatment on a contractual lien basis, you do not know the extent of your injuries, the type of medical treatment you will require, or the costs that will be associated with the services that will be rendered. This makes it easy for medical providers to later grossly inflate the costs for their services in the billing statements that they will use to base their claim for reimbursement. At the San Diego Injury Law Office, we understand that you have already had to endure the pain and suffering caused by the negligence of the third-party, the last thing that you or your family needs is to be taken advantage of by the medical providers who treated your injuries. After all, just because you consented to medical treatment on a contractual lien basis does not mean that you signed a blank check for medical lien claimants to cash in from your settlement award. To protect personal injury victims from these improper billing practices, the California legislature has established a statutory ceiling on the amount that may be recovered on a contractual medical lien claim. Pursuant to California Civil Code section 3040(c)(2), if a personal injury victim is represented by an attorney, the medical lien claim may not exceed one-third of the proceeds that are due to the victim under any judgment, compromise, or settlement award. However, if the personal injury victim does not retain an attorney, under California Civil Code section 3040(d)(2), the medical lien claim may not exceed one-half of the proceeds that are due to the victim under any judgment, compromise, or settlement award. The policy behind this statute is to promote legal representation for personal injury victims to ensure that they are not taken advantage of in their negotiations with medical lien claimants. In effect, the statutory caps enacted serve as an incentive for personal injury victims to retain legal counsel, by providing them with the most limited recovery of medical lien claims. The problem is that a lot of times personal injury victims fear the costs of retaining legal services and in an effort to save money, they will risk their settlement awards by trying to negotiate the medical liens on their own. At the San Diego Injury Law Office, you do not have to be intimidated by our legal fees because our reputable personal injury firm works on a contingent fee basis, which means that we do not get paid unless we win your case! In other words, our personal injury attorneys will provide all of the legal services that are necessary to effectively negotiate your entire claim without you having to pay any out of pocket expenses. Our attorney’s fees will consist of one-third of your settlement award which only becomes due after we have successfully reached a settlement agreement or obtained a judgment in your favor. As fierce advocates for our personal injury victims, our primary goal is to make sure that you obtain the maximum recovery award available by enforcing the statutory caps to negotiate the settlement of your medical lien claims. Do not allow your personal injury settlement to be consumed by the medical lien claimants in your case because you attempted to go up against their team of lawyers alone. Contact our personal injury experts at (619) 343-2992 to set up a free consultation to discuss the different negotiation strategies that we have to offer to protect your settlement award.
Negotiating Medical Liens in Personal Injury Claims
Our vast experience representing the victims in third-party personal injury cases in San Diego has allowed us to establish a great working relationship with some of the biggest medical providers and insurance carriers in our community. Negotiating with these important medical lien claimants every week, we know how they operate, what they expect to receive and how much they are willing to bargain. As a personal injury victim, we strongly believe that you should never have to go up against these big medical lien claimants alone and it is imperative that you retain a knowledgeable personal injury attorney that has vast experience negotiating medical lien claims. At the San Diego Injury Law Office, we realize that the best approach to negotiating your personal injury claim is to first account for any potential medical liens that may exist in your case. That is why it is crucial that during your initial consultation you communicate to us the extent of your injuries, any medical treatment that you have received and provide us with the contact information for all your medical providers. We will also ask to review the documentation for your health insurance policy, medical expenses, medical records, medical payments, and any collection notices that you may have received in connection to the medical services that you obtained. Once our medical lien experts have identified the medical lien claimants in your case, we will contact their respective legal representatives to let them know that you have retained our firm’s services. We will initiate our negotiations by informing them that statutorily the medical lien claims in your case are now collectively capped to one-third of any future settlement award, after our attorney’s fees have been deducted. Having limited the amount of recovery available to medical lien claimants, our next step will be to determine the actual value of the medical lien claims in your case. Aware of the billing discrepancies that take place in contractual medical liens, our negotiators will hold medical lien claimants accountable for their billing practices by requesting an itemized billing of your accounts. We will have our legal analyst review the medical providers’ itemization of the charges to verify that the billing dates correspond with the dates of medical service arising from your personal injury claim and remove from the lien amount any unrelated charges. Lastly, to ensure that you get the most out of your settlement agreement we will have our billing experts significantly reduce the medical lien amount by deducting any unreasonable charges, double billings, or partial payments that were made on your account. With the San Diego Injury Law Office handling your personal injury claim, you can be certain that our skilled negotiators will make all of the necessary adjustments to ensure that the amount that is paid out to the medical lien claims reflects only the reasonable costs for those medical services that you actually received! Do not allow yourself to be taken advantage of, let our personal injury experts help you understand your rights in negotiating medical liens and protect you from the medical lien claimants to obtain the maximum settlement in your personal injury claim. For the best legal representation for your personal injury claim call us now at (619) 343-2992 to set up your free consultation with one of our personal injury experts today.