Medicare and Medical Liens

It’s common knowledge that if you are injured because of someone else’s actions, you can file a personal injury case to collect financial compensation for costs like medical bills. However, it’s less well-known that insurance companies, hospitals, and even the state or federal government can file a claim against your settlement.

This kind of claim is called a medical lien. A lien is a type of legal instrument commonly by construction companies. It allows them to claim equity in a project, like a building, if they weren’t paid for their materials. A medical lien is a similar legal tool – except instead of placing a claim on the building that materials went towards, the lien filers placing a claim on your personal injury settlement to recoup their losses. Companies can also file liens on workers’ compensation benefits if you received your injury at work.

Even if you don’t have health insurance, you aren’t safe. If the government paid for some part of your medical care through either Medicare, Medicaid, or another program, they can file a claim on your personal injury settlement. This process is called “subrogation.” Unfortunately, it’s difficult to fight these types of claims, even in a state that has strict laws to protect its citizens like Massachusetts.

If you have received notification that the government has placed a lien on your personal injury settlement, you still have some options. Often, lien claimants are willing to settle for a lower sum than their initial claim outside of court. In this case, it’s a good idea to retain a lawyer to represent you.

Attorney William Crowley has more than 30 years of experience as a personal injury lawyer fighting for his clients’ rightful settlements. If you have been contacted by a government agency placing a claim on part or all of your personal injury settlement, contact the Law Office of William Crowley today and schedule a free consultation.