As a personal injury lawyer in the Santa Clarita, CA area, one of the things I always have to make sure I do as a lawyer is clear any and all liens that might be attached to a person’s injury case. Therefore, before I make a demand from the other party’s insurance carrier, I have to make sure all those parties and entities that might have a lien are resolved. Here are some things to consider:
1. Did my client’s car insurance company pay any money for the medical treatment? Many of my clients have something called “Medical Payments Coverage” under their own insurance policy. In some cases, this “MPC” coverage pays for the medical bills. If so, I have to make sure that we address their reimbursement. Sometimes, they are willing to waive reimbursement under the right circumstances.
2. Did any of my client’s medical providers work on a “lien” basis? If so, they need to be paid for their services. If the doctors work on a lien, that means they provided care with the anticipation they will be paid from a potential settlement.
3. Did my client’s health insurance company pay for any care? If so, most health care companies have the right to reimbursement. Therefore, those issues need to be addressed as well.
Before making a demand for settlement and/or actually settling my client’s cases, I have to address all existing and potential liens on the case. Otherwise, my clients might be facing an unpleasant surprise later.
by Robert Mansour
Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding communities.