Victims of car accidents and other types of accidents in Maryland often face extensive medical bills. Many of these medical bills may come due before you reach a settlement in your personal injury case. Doctors and hospitals may agree to provide your medical services without immediate payment in exchange for a medical lien on your personal injury recovery.
If you have a personal injury case, it is crucial to understand how medical liens work. These liens can take a large portion of your financial recovery, but an experienced personal injury lawyer can help ensure they are handled appropriately. Keep reading below to learn everything you need to know about medical liens in Maryland.
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What Is a Medical Lien?
A medical lien gives a doctor or other health care provider the legal right to get paid for their services from the proceeds of your personal injury settlement or verdict. Medical liens serve an important purpose. A lien allows you to receive the medical treatment you need today without paying any upfront money, but it also provides assurance to the medical provider that they will get paid.
Medical liens are common in personal injury claims where:
- The victim does not have health insurance
- The victim cannot afford to pay for medical services out of pocket
- Injuries are severe, and medical expenses are extensive
- A victim may require treatments that are not covered by insurance
For instance, suppose you need a $5,000 medical treatment for your injuries after an accident, but cannot afford to pay for it. The doctor can proceed with providing treatment and place a medical lien on your personal injury case. When your case is resolved, the doctor will be paid from the money you recover from the defendant in the case.
Common Types of Medical Liens in Maryland
Not all medical liens are the same, and the rules that apply to your lien may depend on the type of lien that is present in your case. Some of the most common medical liens in Maryland are:
Hospital Liens
If you receive emergency treatment in a hospital after an accident, you may have a hospital lien placed on your personal injury case. The rules regarding hospital liens vary from one state to another. In Maryland, specific rules must be followed for a hospital lien to be valid.
The hospital must:
- File the lien in the recorder’s office in the county where the hospital is located
- File the notice of lien within 180 days from the patient’s release
- Send a copy of the lien notice to the person alleged to be liable for the victim’s injuries
- The lien notice must include the patient’s name and address, date of the accident, hospital name and address, amount claimed, and the name of the alleged liable party
In Maryland, a hospital lien may not exceed 50% of the amount of the total recovery the patient receives. For instance, if you settle your personal injury claim for $10,000, a hospital lien cannot exceed $5,000 in that case.
Private Medical Liens
Private medical providers may also place liens on your personal injury case. This may include doctors, chiropractors, or other providers who treat you. The provider would have you sign a legal agreement that gives them the right to recover their fees from the proceeds of your recovery.
Health Insurance Liens
A health insurance lien may also be called the right of subrogation. This gives your health insurance company the right to recover any money they have spent on medical treatments resulting from your accident.
For instance, suppose you seek treatment after your accident, and your health insurance company pays $3,000 for medical treatments. Your insurance company can seek reimbursement of this $3,000 from the party who has liability for your accident. Or, they also have the right to recoup their money from your financial recovery.
What a Medical Lien Means for Your Personal Injury Settlement
A medical lien can significantly decrease the amount of money that goes into your pocket. Medical liens are taken from the amount of your settlement before you get your money. You should also keep in mind that you might have multiple medical liens in your case.
An experienced personal injury lawyer can help you by:a
- Ensuring that all liens in your case are valid
- Checking all your medical bills for accuracy
- Challenging invalid liens or unnecessary charges
- Negotiating with the medical providers to accept a lower amount
If you can get the lien holder to lower the amount of the lien, this means that you would end up with more money in your pocket.
Contact the Baltimore Personal Injury Lawyers at WGK Personal Injury Lawyers for Help Today
Medical liens are present in many personal injury cases, and these liens can have a big effect on how much money you actually receive from your settlement. At WGK Personal Injury Lawyers, we can handle all the medical liens in your case and help you maximize your financial recovery.
Call us today to schedule a free consultation with a Baltimore personal injury attorney and let us go to work for you.
