Guide to Writing a Lien Settlement Letter for a Personal Injury Case in Texas

It’s no secret that suffering an injury at the hands of a negligent or reckless party can be devastating. First, there’s your physical recovery to consider—many injuries require hospital visits, surgeries, and other invasive medical procedures, not to mention rehabilitation and physical therapy. In addition to worrying about your physical health, the unanticipated financial expenses caused by the accident, such as the medical bills and lost wages you’ve suffered because your injuries have prevented you from working, can cause significant stress. Although Texas provides accident victims the opportunity to seek and secure compensation from the party responsible for causing the accident, the process for pursuing a claim can be lengthy and challenging. If you need help collecting compensation following an accident injury in the Houston area, enlist the guidance of a knowledgeable personal injury attorney who can help you maximize your settlement offer and address potential complications, such as medical liens, along the way.

What Are Medical Liens?

First, it’s helpful to understand what medical liens are and how they impact personal injury claims for Texas accident victims. When hospitals provide emergency medical care to injured accident victims, they do so regardless of the patient’s ability to pay for the services. However, the hospital has the right to file a lien against personal injury claims, settlements, and judgments to ensure they receive compensation for providing emergency medical services. Essentially, medical liens are meant to encourage hospitals to provide care without concern about receiving payment for their services. When the victim moves forward with a personal injury claim, a portion of their settlement will be applied to the medical lien filed by the hospital or medical care provider before the individual receives the remainder of the award.

Negotiating a Medical Lien

It’s important to recognize that insurance companies and medical providers may file liens without acting in good faith. For instance, they may charge higher rates for treatment services, knowing that the at-fault party’s insurance will likely pay a settlement (and a portion of this settlement can then be rerouted to pay the lien). If you are concerned about the impact of a medical lien on your ability to recover the compensation you need to support your recovery, discuss the situation with your personal injury lawyer. A seasoned attorney understands how to negotiate medical liens and maximize the amount of compensation that you can recover. Let’s take a look at some of the ways your attorney can assist you with negotiating a medical lien.

Pointing Out Issues

Your attorney can determine whether the hospital lien adheres to the rules and regulations governing medical liens. For example, a hospital’s lien can only include charges incurred during the victim’s initial 100 days of treatment. Additionally, the victim must have been admitted to the hospital within 72 hours of the accident. Your attorney can assess the details of the lien to ensure the charges meet these qualifications and criteria. If not, your lawyer can push back and point out these issues that render the lien invalid.

Drafting a Lien Settlement Letter

As the case moves forward, your attorney can draft a lien settlement letter that seeks to reduce the amount of the lien, thereby maximizing the amount of compensation you receive. There are several tactics your attorney can use to push for a lien reduction, such as mentioning the possibility of further litigation or pointing out that the victim requires substantial compensation to support their ongoing physical recovery. Sometimes, making emotional appeals can help the hospital make adjustments to their lien request to ensure that the victim can obtain the compensation they need to move forward. In other cases, the looming threat of litigation may be sufficient to prompt the medical provider to negotiate a more favorable lien.

Advocating For Your Best Interests at Every Turn

Just because a lien is attached to your personal injury case does not mean you have no say in the outcome. Unfortunately, most accident victims are so overwhelmed by the physical and financial aspects of the recovery process that they fail to understand how liens may impact their settlement. However, you do not have to navigate this challenging period alone. Reach out to a trusted and caring personal injury attorney who can assess every detail of your case and help you identify the most strategic course of action. Your attorney will work hard to negotiate the most favorable settlement possible while minimizing any liens that impact your claim. Together, you and your attorney can take the necessary steps to ensure that you secure the resources you need to get your life back on track.

If you need help securing the compensation you deserve after suffering an injury in the Houston area, call DeHoyos Accident Attorneys, PLLC, at (832) 745-4878 to speak with a trusted and friendly personal injury attorney.