If you speak with a Charlotte personal injury lawyer about your personal injury claim, one topic that comes up frequently is health insurance. There are a few roles health insurance plays in your personal injury claim. This article explains a few of them. If you have any further questions, pick up the phone and call us—we’re here to help.
ERISA LIENS
This Applies If: you have medical bills which are paid by or through an employee benefit plan which is provided by your employer, or by a health insurance policy.
The Result: The health insurance company or employee benefit plan that paid for treatment related to your personal injury claim is entitled to seek reimbursement out of the personal injury recovery, if you settle the case or get a jury verdict.
Can It Be Negotiated: Typically, yes. The insurance company will of course want to know the settlement amount, and the negotiation will be based in part off of that as a starting number.
MEDICARE LIENS
This Applies If: you’re a Medicare recipient and Medicare paid for any treatment related to your personal injury claim.
The Result: Your personal injury lawyer must obtain a Conditional Payment Letter from Medicare detailing the treatment provided and the amount Medicare seeks as a lien.
Can It Be Negotiated: The attorney can attempt to negotiate Medicare liens in a personal injury claim but Medicare only agrees in extreme hardship cases.
MEDICAID LIENS
This Applies If: You are a Medicaid recipient and Medicaid paid for health services rendered for injuries related to the accident.
The Result: Your personal injury lawyer must obtain a Conditional Payment Letter from Medicaid detailing the treatment provided and the amount claimed as lien against personal injury claim proceeds.
Can It Be Negotiated: Generally not negotiated, but as compared to Medicare, Medicaid is only entitled to a pro-rata share of settlement proceeds. Your personal injury lawyer can tell you more about this percentage and how it works for practical purposes.
SPEAK WITH AN ATTORNEY
While there are some simple personal injury claims which can be resolved without an attorney, and without the fear of compromising your rights, generally the best course of action is to speak with a personal injury lawyer. The phone call is free and we’re happy to help. You can reach us at 704.749.7747. You can also request a call HERE. We hope you choose to Recover With Us.