Charlotte Personal Injury Blog

Blog posts containing useful information for anyone in Charlotte looking for information about personal injury or looking for a North Carolina personal injury lawyer.

What Do Personal Injury Lawyers Charge?

In determining what personal injury lawyers charge, you have to look to the specific engagement letter or contract for each personal injury lawyer or law firm. Most personal injury lawyers charge a fee known as a Contingency Fee. This means that the lawyer or law firm only gets paid if they are able to reach a settlement or jury verdict in your favor. Then, the lawyer will be paid in accordance with the contract you signed with them.

What Is The Contingency Fee?

For most personal injury law firms, the contingency fee is one-third of the gross settlement proceeds. So, one question is what do personal injury lawyers charge if you win your case? The answer depends on how much you won. For instance, if you reach a settlement for $30,000, the personal injury lawyer’s fee will be $10,000. In addition to the one-third, the lawyer’s contract will typically call for the law firm to be reimbursed for any out-of-pocket expenses. Provided the claim was settled prior to being filed as a lawsuit, those expenses are usually minimal and amount to small fees paid to third parties to obtain medical records and medical bills.

Is A Contingency Fee Good For The Client?

We like a contingency fee for several reasons. First, it gives the client access to legal representation without having to write a check to a lawyer. Second, if the lawyer is only going to get paid if they are able to successfully settle your case, it’s safe to assume the lawyer believes in your case. In other words, if the lawyer is willing to represent you without payment upfront, they believe they will ultimately be able to recover something for you. For the client, this takes the pain and mystery out of paying a lawyer by the hour for a case you may never win.

Additionally, at some point during negotiations, your personal injury lawyer will probably tell you when they believe you should accept the current settlement offer, or reject the offer and file a lawsuit. Once again, because the lawyer only gets paid if you get paid, you can trust the lawyer’s judgment. A lawyer working and getting paid by the hour could potentially continue working on your case even though they did not feel you would prevail. We believe this instills inherent trust in the lawyer-client relationship as we move forward with each case.

Why Are Lawyers Willing To Work For A Contingency Fee?

Lawyers know that most people do not have money set aside to pay for a lawyer to fight for them in a personal injury case. This doesn’t mean the injured party doesn’t deserve representation. The contingency fee was most likely conceived of to help address this catch-22 situation. What do personal injury lawyers charge if you lose? Well, usually nothing. That is the risk the lawyer takes when deciding whether to represent a client in a personal injury claim. There will be plenty of cases where the law firm works diligently and is unable to recover anything for the client. Fortunately, those cases which do work out for both the client and the lawyer tend to balance out the equation.

Who Gets The Remainder Of The Settlement?

Your personal injury lawyer’s fee is subtracted from the gross settlement. Then, any negotiated medical bills and medical liens are deducted. The remainder is yours. Your personal injury lawyer will discuss all of the numbers with you before agreeing to a settlement. This way, you can be sure of exactly how much you will receive from the settlement, before agreeing to settle the case.

Speak With A Charlotte Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

How Are Personal Injury Settlements Paid Out?

Personal injury settlements are paid out in accordance with the North Carolina statutory requirements regarding personal injury liens, together with the Federal rules surrounding ERISA and Medicare liens. Our goal is to put as much money in our client’s pockets as possible. In doing so, we have to abide by the rules which govern your personal injury settlement proceeds.

Personal Injury Settlement Checks

Once we reach a settlement with your approval, the insurance company will issue a check made out to you and The Layton Law Firm, PLLC. This check will be deposited into our trust account. The funds will remain in our trust account until they clear, and until you sign a personal injury settlement statement. By signing the settlement statement, you are indicating that you are in agreement with the proposed distribution of funds. This allows your personal injury attorney to disburse the funds with confidence.

Personal Injury Settlement Statements

When you settle your personal injury claim, you will sign off on a personal injury settlement statement. This statement will show all incoming funds related to your injury as credits, with corresponding debits shown as items going to third parties including your attorney fee, health insurance lien payments, medical provider lien payments, and any other items which need to be paid as part of the settlement. The bottom figure will of course be a line item showing you how much you are receiving as part of the settlement.

Limits On Payments To Lien Holders

Fortunately, there is a limit on the amount of your personal injury settlement that needs to be paid out to lien holders and other medical providers. The statutory language in N.C.G.S. 44-49 and 44-50 dictates whether or not a medical provider has a lien. It also limits those providers with liens to a certain percentage of your settlement. Your personal injury attorney will apply this rule of law to the facts of your particular personal injury settlement, and disburse accordingly.

It is important to understand that you will have a choice when reaching a settlement. You can decide whether to pay the statutory minimum to lien holders under N.C.G.S. 44-49 and 44-50, which may leave some billing left over for you to address after settlement. In the alternative, you can work with your personal injury lawyer to negotiate the billing and reach a final settlement on those bills. Our office will make sure you understand the options and work with you to make a choice that is best suited to you.

Receiving Your Personal Injury Settlement Check

Once you sign off on your personal injury settlement statement, your attorney can issue a check to you on the same day. Because you must sign off on the statement in person, most checks are delivered simultaneously. The funds should clear your account as soon as they are deposited, as NC attorney trust account funds are considered to be certified funds and treated as such by banking institutions. If you need your funds wired directly into your account, we can assist with wiring the funds. This will save you a trip to the bank and in special situations makes sense to do.

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article about “How are personal injury settlements paid out?” was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

 

Can I Sue Someone For Damaging My Property?

Whether you can sue someone for damaging your property depends upon the circumstances. In North Carolina, If the property damage is to a vehicle– from a Car Accident— there are well established processes for starting a property damage claim and recovering damages. If you were injured in an auto accident, you may have both a property damage claim and a personal injury claim.

In most cases, even if you can sue someone for damaging your property, you will be able to get the dispute settled at the claims level which does not require filing a lawsuit. This saves money for both sides and relieves the courts of the burden of officiating over the property damage claim.

How Much Is My Property Damage Claim Worth?

The value of your property damage claim can be established by several components and approaches to damages. If the vehicle is determined to be totaled, the value will be whatever the car was worth at the time of the accident. There are standard formulas for determining the value, and the NADA Blue Book Value is often used as a benchmark. This value takes into account the make, model, mileage, and wear and tear on a vehicle at the time of the accident.

If your car is not totaled in the accident, you will either strive to have your car repaired at the expense of the other driver’s insurance company, or receive a check for an amount representing the cost of the repair. Then, you can choose whether to have the repair done, and where to have the repair work done.

You may also be entitled to the loss of use of the vehicle in the interim. Your actual out of pocket expenses will be your best source of evidence of these damages and would include rental vehicle costs, Uber or Lyft costs, or the cost of other forms of public transportation incurred when you were without a vehicle.

Your recovery may also include a component for sentimental value. While most vehicles will not fall into this category, there are exceptions. If your grandfather lovingly restored the vehicle and gave it to you as a graduation present, your argument for sentimental value increases.

Will I Pay A Deductible?

If someone damages your property, you should not have to pay a deductible. That expense should be taken on by the other driver’s insurance company; however, if the accident was your fault and you engage your own insurance company to fix the car, then yes, you will pay your contracted deductible.

Pursuing The Personal Injury Claim

Property damage claims are fairly straight-forward, once you are able to establish a claim with the insurance company. Our office assists with property damage claims but we generally do not charge clients to do so. In most cases, we represent the individual in their personal injury claim. If your vehicle was damaged in a car accident, and if you sustained bodily injury from that accident, we can help with the personal injury claim. The aspects of a personal injury claim are quite different from those involved in a property damage claim, and the expertise of a personal injury law firm can make all the difference in the outcome. This is true especially if the claim needs to be escalated and filed as a lawsuit.

Statute Of Limitations On Both Claims

You generally have three years from the date of the accident to make a property damage claim and a personal injury claim. By the three year mark, you will need to either settle your claim or file a lawsuit to keep your legal action alive. Missing the statute of limitations is just one of the pitfalls of handling the personal injury claim on your own. There are also personal injury medical bills and medical liens which must be addressed in a North Carolina personal injury claim. Your North Carolina personal injury lawyer will address these for you as part of the legal representation.

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article addressing “Can I Sue Someone For Damaging My Property?” was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

 

 

Friendly Charlotte Personal Injury Firm

It may seem counter-intuitive to desire a friendly Charlotte personal injury firm, but in our opinion that is exactly what you need for your Charlotte personal injury. We all often forget that working with a law firm means interacting with that law firm on a routine basis. While you want your Charlotte personal injury lawyer to be aggressive for you when pursuing compensation for your personal injury claim or personal injury lawsuit, you also want them to be easy to work with. For that reason, finding a friendly Charlotte personal injury firm is important.

Responsive Staff And Attorneys

One of the most frequent complaints about Charlotte’s personal injury firms—even those rated as Charlotte’s best personal injury firms—is a failure to communicate effectively with clients. Part of this failure is due to the heavy workload that Charlotte personal injury law firms take on; however, there’s no excuse for not responding to a client’s inquiry or desire to be kept up to date.

At The Layton Law Firm, we end each conversation by agreeing with you on the next time you can expect an update from us. This helps us, and it helps you. From our perspective, it ensures that we have it marked on our calendar to reach out to you when the future date arrives. From your perspective, it gives you peace of mind that you know you will be updated at the agreed-upon time.

Mutual Respect Is A Critical Part Of Success

The personal injury law firm and the client must work as a team to reach a successful result on a personal injury claim. This means the client must also commit to responding in a timely manner to their lawyer or paralegal. Quite often, the insurance adjuster in a car accident will request additional support for lost wages or medical records. We need our clients to assist us in quickly gathering that information so the claim can move forward.

On our end, we do our best to keep in mind that most clients have never filed a personal injury claim before working with us. They are not the type of individuals who sue people. So, the experience can be stressful. Not only is it an emotionally draining process, but it’s also hard to understand how long a personal injury settlement will take. We do our best to maintain compassion, empathy, and understanding for what our clients are going through. After all, they are working with us because they were harmed in an often life-changing motor vehicle accident, slip and fall injury, or workers’ compensation-related injury.

Speak With A Charlotte Personal Injury Lawyer

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

What To Do If You’re A Passenger In A Car Accident

We are happy to speak to you over the phone if you have questions about being a passenger in a car accident. We get phone calls every week from people who are still at the scene of an accident, wondering what they should do to protect their rights. We are proud they think to call us. We can be reached at 704.749.7747 or you can click here for a FREE CASE EVALUATION.

Passengers In Car Accidents Have Extensive Rights

If you’re a passenger in a car accident, the news is good. The accident was not your fault. This means there are options for you in terms of financial recovery. The path to personal injury compensation may involve disputing with multiple insurance carriers regarding liability (who is responsible). Generally, either the driver of your vehicle will be responsible, or the driver of the vehicle who collided with you. But again, as a passenger, there should not be any liability for you. There are exceptions to this rule and those exceptions include:

Knowingly Driving With A Drunk Driver

Knowingly Driving With A Driver Known To Be Irresponsible

Engaging In Behavior Contributing To The Accident

Getting Medical Treatment For Your Injuries

After documenting the accident with a police report, the next thing a passenger in a car accident needs to do is get appropriate medical treatment. We recommend you receive medical treatment on the day of the accident and preferably go directly from the accident scene to the emergency room. Sometimes this isn’t convenient, or you may not feel you are injured. Quite often, you don’t feel your injuries immediately after the car accident. This is a combination of adrenaline and the time it takes for injuries to reveal themselves.

You will generally not compromise your passenger claim by seeking medical treatment for the first time a day or two after the accident. If you wait more than a week after the accident to receive treatment for the first time, you can expect the insurance company to put up resistance regarding the value of your injuries.

Once you have been seen by a physician at the emergency room or hospital, you will be given follow-up recommendations. Be sure to follow up with your doctor as recommended. If you have what are known as ‘soft tissue’ injuries (back, neck, and shoulder strains) you may consider seeking Chiropractic Treatment for those injuries. Generally, your treatment, if reasonable and not excessive, will be honored by the insurance company analyzing your claim.

Who Will Pay Your Passenger Claim?

Your personal injury attorney will review your police report and send a letter of representation to the party believed to be at fault. If there is a dispute between two insurance companies as to fault, the easiest solution is to file a lawsuit against both parties. Or at least to threaten to file a lawsuit against both insurance companies. The theory is that you as the passenger were not responsible and that a jury can decide how the two insurance companies should share fault.

Typically, even if there is resistance, your personal injury attorney will be able to successfully encourage the insurance companies to work out an arrangement that will lead to you being paid the full value of your passenger car accident claim.

If the at-fault driver does not have insurance, you can typically file an uninsured motorist claim. These situations are discussed routinely on Avvo.com

Filing Your Passenger Claim Against The Insurance Company

Passenger claims are filed like most other claims. You must reach out to the insurance company to start a claim. Generally, you’ll need your police report on hand to do this. The intake officer will want to know details about the accident and the police report number. Lastly, the intake officer will need to establish there was insurance coverage on the at-fault driver at the time of the accident. At the end of the conversation, you should be assigned a claim number and be given contact information for an adjuster.

Establishing The Value Of Your Passenger Claim

We have written extensively on this site about establishing the value of your personal injury claim. As a passenger, not much is different. The value of your claim will be a combination of your medical bills, injuries supported by medical records, lost wages, pain and suffering, and any special damages which might exist. If the at-fault driver was texting, racing, or driving under the influence, you may be able to recover punitive damages meant to punish the driver for that activity. Your personal injury lawyer’s job is to maximize the value of your passenger claim and make sure you’re treated fairly, all things considered.

Speak With A Personal Injury Lawyer Today

If you have questions about working with a personal injury lawyer, or if you have questions about a passenger claim from a car accident, call us today. You can call 704.749.7747 or click for a FREE CASE EVALUATION and we will contact you immediately. When it comes to choosing a personal injury law firm, we know you have options. We hope you choose to Recover With Us.

Does A Personal Injury Settlement Include Medical Bills?

Your personal injury settlement will include payment of your medical bills. Medical bills are often a challenging aspect of a personal injury settlement in North Carolina. The reason for this is that there are no rules automatically reducing medical billing in a personal injury settlement. As a result, your personal injury attorney must be familiar with the medical lien laws of North Carolina when settling your claim. Lastly, your Charlotte personal injury attorney may negotiate your medical bills for you as part of your personal injury settlement.

What Are North Carolina Medical Liens In Personal Injury?

If you are injured and receive treatment in North Carolina, the treating physician or facility can place a lien against any personal injury settlement you receive. The underlying theory is that if you were treated for the injury and receive money for the injury, you should have to pay your medical bills related to that injury.

There are some limitations on personal injury medical liens in North Carolina. Per N.C.G.S. 44-49 and 44-50, any provider of medical services is limited in the amount of lien they can claim, as follows:

Under Section 44-49, a lien is created provided that the provider does not charge for medical records and medical billing, and provided that written notice of the lien is given to the attorney.

Under Section 44-50, the liens in total are limited to one-half of the settlement, after subtracting attorney fees and costs. Generally, because attorney fees are usually one-third of the settlement, this means that the amount of your settlement that has to go to the lien holders is one-third of your settlement.

For example, assume your settlement is $12,000. Your attorney fee would be $4,000 (1/3). This leaves $8,000 remaining. The lien statute states that no more than one-half of the remainder shall be made to pay to liens. This means $4,000 must go to your lien holders, and the remaining $4,000 is yours.

What If Medical Bills Exceed The Lien Amount?

Your medical provider does not have to accept the pro-rata lien payment under 44-49 / 44-50 as the final settlement of the lien. They may bill you for the remainder. However, your Charlotte personal injury lawyer may be able to negotiate the medical bills in total for you, prior to accepting the settlement. In many cases, the lien holder will accept their pro-rata share as full and final settlement.

Speak With A Charlotte Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article addressing “Does A Personal Injury Settlement Include Medical Bills?” was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

 

Should I Give The Personal Injury Adjuster A Statement?

No, you should not give your personal injury adjuster a statement regarding your car accident, slip and fall injury, or any other injury. No matter how kind the adjuster may appear, you can trust that your statement(s) will be used against you at a later date. Adjusters work for the insurance company. While they may be assisting you with reaching a personal injury settlement, their loyalty is always to the insurance company.

The Adjuster Is Probably Recording Your Statement

North Carolina is a One Party Consent state, under N.C.G.S. Ann 15A-287.  This means that phone conversations can be recorded by one of the parties to those conversations. Effectively, this means that the adjuster does not have to ask your permission or even tell you the call is being recorded. It also means the recorded call could become evidence at trial.

Inconsistencies In Your Statement Will Be Used Against You

While you may tell the truth when giving your personal injury statement, you are only human. First, if the adjuster has multiple conversations with you, they may record all of them. Second, you may explain the facts in a slightly different manner to the adjuster on different calls. Lastly, these differences in the versions of your story could be used to establish your inconsistency, or your inability to accurately remember what happened. This is specifically true of a slip and fall accident. At least in a motor vehicle accident, there is a police report to help memorialize the facts. If you’ve been in an accident we can provide you with a free copy of your police report,

Refusal To Give A Statement Will Not Hurt Your Case

As a general rule, we advise adjusters that it is our policy that our clients not give a statement. Much the same way the insurance company does not have to provide us with a copy of the store video for a slip and fall, we retain the right to refuse to give a recorded statement. Additionally, if a lawsuit is filed, both sides will be given a chance to take depositions during the Discovery phase of the lawsuit, governed by N.C.G.S. 15A-902. A deposition is the equivalent of a recorded statement given by our client, or anyone else. That is also when any existing video of an accident or slip and fall would be turned over for review.

The Pitfalls Of Settling A Claim Without A Personal Injury Lawyer

This article is just one example of how having legal representation can dramatically change the results of your personal injury claim or personal injury settlement. Whether it’s guidance regarding a personal injury statement to an adjuster, or assistance with negotiating medical liens in personal injury, your personal injury attorney will fight to protect you. Having your legal rights protected has to be a top priority when dealing with a large corporate insurance company.

Speak With A Charlotte Personal Injury Lawyer Today

If you have been injured and would like to speak with a lawyer today, call us at 704.749.7747. Press the “New Client” option when prompted, and you will be connected immediately with a lawyer. You can also request a FREE CASE EVALUATION and we will reach out shortly to discuss your case with you. Even if you’ve already given a personal injury statement, we can help.

Further Reading

If you’d like to read more articles, check out our Personal Injury Blog or our Bankruptcy Blog. Thank you for stopping by the website. We hope it has been helpful.

You Need A Lawyer For Your Car Accident

After years of experience, it is our opinion you need a personal injury lawyer for your car accident. Personal injury law in North Carolina is not friendly to the injured party. Often, insurance adjusters will attempt to lower the value of your claim by arguing over your medical bills. Additionally, they will claim Contributory Negligence, which can be a complete barrier to recovering anything for your injuries. Your Charlotte, NC personal injury lawyer can help change this result.

What A Lawyer For Your Car Accident Does

Your personal injury claim will take some time to complete. The timeline for a personal injury claim differs depending upon the specifics, but your lawyer will need to:

Start a personal injury claim

Start a Medical Payments claim

Gather medical records and medical bills

Propose a theory of liability

Negotiate a settlement amount

Negotiate your medical liens and billing

Properly disburse your personal injury proceeds

File a lawsuit if an agreement can’t be reached

In the event you can’t reach a settlement agreement, your personal injury lawyer will file a lawsuit and begin the process of Discovery. This entails taking depositions, making written requests for information from the other side, and preparing for trial.

Is A Personal Injury Attorney Worth It?

The good news is your personal injury lawyer for your car accident doesn’t get paid unless they reach a settlement or jury verdict for you. Our experience has shown us that even after your attorney fee, you will do better with a personal injury lawyer than without one. Additionally, your injury lawyer protects you by reviewing all paperwork prior to signing, and defends any claims against you by the other driver.

Are Personal Injury Consultations Free?

Yes, your personal injury consultation is free. These can be done over the phone or in person. At your personal injury consultation, you will gain a better understanding of the value of your case, and what the next steps are to getting your case settled. The consultation is free and answering questions is part of the job.

If you’d like to schedule a consultation, call 704.749.7747 or request a FREE CASE EVALUATION and we will reach out to you.

Contusions From Car Accidents

Our client’s medical records often reflect contusions from car accidents. Often, insurance adjusters seek to minimize the impact of contusions when it comes to settlement offers. Working with a personal injury lawyer will help to make sure you are treated fairly when you reach a personal injury settlement.

What Is A Contusion?

A contusion is a condition where a capillary or blood vessel is leaking into the surrounding area. While it can be painful and take time to heal, put more simply, a contusion is a medical term for a bruise.

Soft Tissue Contusions From Car Accidents

The most common type of contusion is a soft tissue contusion. Muscle contusions are bruised muscles or tendons. These can result from impact with your dashboard or steering wheel in a car accident. You will have some or all of the following symptoms:

Discoloration

Swelling

Stiffness

Soreness

While you should seek medical attention for your injuries, there is not much a physician can do to treat a contusion. They will recommend Rest, Ice, Compression and Elevation or “RICE”. They will also prescribe anti-inflammatory drugs to help reduce the pain and inflammation. Lastly, they may recommend a brace or wrap to keep the area in place while it heals.

Bone Contusions From Car Accidents

The second type of contusion is bone contusion. While the end result is similar to a soft tissue contusion, bone contusions are less common. They also take more time to heal. Whereas a muscle contusion may take a few days to a few weeks, a bone contusion can take a few months to heal.

How Do I Know If I Have A Broken Bone?

Quite often, doctors will take x-rays or an MRI to confirm that your condition is in fact a contusion and not a broken or fractured bone. This is simply a process of elimination. While an x-ray won’t show a bone bruise, it can help to eliminate a fracture as the culprit.

What Is A Contusion Worth In Personal Injury?

Your personal injury claim is made up of numerous elements. While a contusion alone is not a high-value personal injury, you deserve to be treated fairly by the insurance company for the at fault driver. A personal injury lawyer can help to build your case from many aspects—lost wages, pain and suffering, and special damages.

Contusions from car accidents help to tell the story of the accident. A contusion on your head or face shows you made contact with your vehicle upon impact. While the injury alone may not give rise to a large personal injury settlement, it helps to establish the violent nature of the car accident.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident and would like advice, we’re here to help. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION. We know you have choices. We hope you choose to Recover With Us.

Medical Bills In Personal Injury Settlements

If there are medical bills in your personal injury settlement, they will need to be addressed as part of the settlement. Your personal injury lawyer will assist with this. Generally, there are two types of medical bills in personal injury settlements. First, there are those bills that are liens. Second, there are those bills that are not liens. The two are treated differently for purposes of whether they must be paid out of your personal injury settlement.

Liens In Personal Injury Settlements

Certain medical providers will claim a lien against your personal injury settlement. The claimant does so by citing the language in NCGS 44-49 and NCGS 44-50. This statute allows the medical provider to claim a lien against your settlement or jury verdict. However, there are limits—the statute limits all lien holders to one-half of the settlement after attorney fees and expenses have been deducted.

Your personal injury lawyer should discover the liens against your personal injury settlement when requesting medical records and medical bills related to your claim. Keep in mind, if you were treated at a facility and did not tell your personal injury lawyer about it, it would be difficult for them to discover the lien.

The personal injury attorney will keep track of all liens claimed against settlement. Upon disbursing the settlement proceeds, the liens will be paid. Remember, the lien holders are limited to roughly one-third of your settlement. The amount they receive will differ depending upon how much your personal injury settlement is worth. Your attorney will calculate the appropriate payments for each lien holder. While the lien holders may still pursue you for the balance of the lien, our firm typically requests the lien holder accept the pro-rata share as full and final payment of the lien.

Bills Which Are Not Liens

There will be other medical providers who will have an outstanding bill related to the injury. However, they may choose not to claim a lien. Or, they may simply fail to claim a lien against your settlement. This gives you the option of having your attorney pay them from the settlement, or paying them yourself, outside of the settlement.

Medicare, Medicaid, ERISA Liens

Healthcare providers like Medicare, Medicaid, and ERISA health plans, are entitled to be reimbursed if they pay for treatment related to your personal injury claim. Medicare applies what they call a “Procurement Formula” to the settlement amount. Your attorney can estimate what this amount will be prior to reaching a settlement. Medicaid is generally limited to roughly one-third of the settlement. ERISA health plans, unfortunately, are entitled to be reimbursed for their entire lien out of your settlement proceeds. Your personal injury lawyer can usually successfully negotiate the lien prior to reaching a settlement.

Personal Injury Lawyers And Medical Liens

Your personal injury lawyer will make a dramatic difference for you as it relates to any liens against your settlement proceeds. The law firm will negotiate the liens, and present your case to the medical providers in such a way that entices them to take a reduced rate. Most of this negotiating is done before you reach an actual settlement. That is when your leverage is highest against medical providers and lien holders.

Speak With A Charlotte Personal Injury Attorney Today

If you have a personal injury claim and you would like to speak with a lawyer, call us. You can reach us at 704.749.7747 or request a FREE CASE EVALUATION and we will call you today to discuss your case.