In a personal injury case, are medical lien holders entitled money if the settlement is awarded as pain/suffer

Johns Creek Personal Injury Attorney

If they have a lien, the lien is usually a claim against any money you get and I would expect that would included pain and suffering damages. If they don’t have a lien but have say a letter of protection, it depends on what the LOP says.

Johns Creek Personal Injury Attorney

Personal injury is injury to your person – libel, slander, defamation of character. So I think you mean Bodily injury.

Yes, medical providers or lienholders can attach the judgement – or rather, to be more specific, if your health insurance company pays for medical bills, and you get a judgement – pain suffering AND/OR medical, you owe them reimbursement of the money.

And you are DIRECTLY responsible for any medical bills you incurr – even if you go after someone else for reimbursement or restitution.

It’s normal.

Johns Creek Personal Injury Attorney

Your settlement is not just for pain and suffering. It is to settle all claims related to the injury. Unless your injury exceeds the policy limits, and you are in a few states, your medical lien will be included in the settlement. If the medical provider doesn’t put the insurer on notice of the lien, you will still owe them the money. And you won’t be able to file this under your medical coverage without them coming back after you for the money.

I **** to break the news to you, but people have been trying to do this for years. When the insurance company makes a settlement with you, it will include the medical bills, and liens will apply.

Johns Creek Personal Injury Attorney

Short answer to your question – yes. However, if you have a 1st party Uninsured/Underinsured motorist claim – depending on your state – some liens may not attach. Medicare/caid liens attach to everything. Another thing, there is some case law (in Texas) that suggests that if you have not been made whole through your settlement, lien holders may not be entitled to reimbursement (except medicare/caid). Check with a lawyer in your state to see if there is a similar case.