It is no surprise to anyone that medical care can be extremely expensive. It should also be no surprise that many people cannot afford their hospital bills and must make special arrangements to pay. One possibility is a medical lien, which is like a contract with the hospital to pay your bills later. These often come up in personal injury cases.
If you were injured in an accident and are taking legal action against those responsible, you may avoid paying medical bills until after your case is complete by way of a medical lien. The lien is a contract with the hospital to pay your medical bills later, usually out of the proceeds from a court verdict or settlement. However, if you lose your case or the settlement is not enough to cover all your damages, the medical lien does not go away. You may still be responsible for repayment regardless of the outcome of your lawsuit. If you are unsure about a medical lien, your attorney can advise you.
Receive a private, free case assessment by calling our NY personal injury attorneys with The Carrion Law Firm at (718) 841-0083.
What is a Medical Lien?
A medical lien is a legal agreement that allows people to pay their medical bills at a later date. These agreements are legally binding contracts, and they may help some people pay for medical care after serious injuries caused by other negligent individuals.
Many people do not want to pay for medical care that was necessary only because of someone else’s negligence. A medical lien may allow you to get the care you need now and sort out who must pay later. It can also help people who simply cannot afford to pay for treatment while they seek financial assistance elsewhere.
Medical liens often come up in personal injury cases because there are often disputes over who is responsible and who should be liable for damages. Our NY personal injury attorney will help you work out a favorable agreement so that you can afford medical care while we pursue damages from the negligent party.
How a Medical Lien Can Help You in a NY Personal Injury Lawsuit or Settlement
Medical liens are often used in personal injury cases. Rather than paying your medical bills up front before suing the person who caused your injuries, a medical lien may allow you to pay after your case is complete.
In a personal injury case, a medical lien usually contains terms stating that the patient will pay their medical bills after their personal injury claim, and the money will come from a damages award or settlement.
Medical liens may also be important because they allow people to get prompt medical care without having to worry about payment. Often, immediate care is necessary to effectively treat injuries and assess damages for purposes of a personal injury claim.
It is also often difficult to try a personal injury case unless full medical care has been rendered and the plaintiff has reached maximum medical recovery. This might only be possible if you can delay payment with a medical lien.
What Happens to My Medical Lien if I Lose My Injury Case?
While the medical lien may allow you to wait until your personal injury case is over before you pay your hospital bills, the lien may not be forgiving if you lose your case. If you find that the verdict does not turn out in your favor, talk to your lawyer about how to handle your medical expenses.
If your personal injury does not turn out in your favor and you are not awarded damages, you are still responsible for paying your medical expenses. The lien may not be forgiven or waived, even if you do not have the funds to pay. This is why doctors and hospitals often agree to medical liens. They are enforceable even if the plaintiff loses their case.
You might also encounter trouble if you win your case or work out a settlement agreement, but it is still not enough to cover all your expenses. Some people are disappointed to find their claims are not worth as much as they thought, or they lacked the evidence to prove their claims fully. Regardless, the medical lien is still enforceable.
How Your Attorney Can Help You with a Medical Lien in NY
Your attorney can assist you in working out the terms of a medical lien. Remember, the terms of the lien determine when and how you must pay your medical bills, so it is crucial that you make the terms as favorable as possible.
First, your attorney can help you make sure that you do not have to start paying your medical expenses until after your personal injury case is complete. Since personal injury cases are notorious for taking a long time, several years in some cases, this detail may be crucial.
Second, your attorney may be able to help you include terms that specify where the money should come from to pay your medical costs. For example, we may include terms stating that a damages award or settlement will cover the costs. We may also include terms that specify how payment will be made if there is no award or settlement.
Depending on your situation, payment plans might be an option. Instead of paying your medical costs in full, which can be financially difficult, a payment plan may allow you to pay them over time. This can help you make a settlement stretch further or give you some flexibility if a settlement or damages award falls through.
Contact Our NY Personal Injury Attorneys About Medical Liens Today
Receive a private, free case assessment by calling our Queens, NY personal injury attorneys with The Carrion Law Firm at (718) 841-0083.