A medical lien on a personal injury case in New Mexico allows a hospital or health care provider to retrieve payment for medical services it provided to the patient from the patient’s personal injury settlement or judgment award. If your personal injury case involves a medical lien, the cost of the lien will have to be paid before you receive the remaining proceeds.
Understanding Medical Liens in New Mexico
When someone is injured in an accident in Albuquerque, the victim needs immediate medical care and often emergency intervention. This may include surgeries, treatments, hospital stays, x-rays and scans, and visits with specialists. A patient is not expected to pay the price of medical care upfront or right away. The hospital will still provide the necessary care.
If the bill is not paid by the patient or their insurance, the health care provider has the right to place a medical lien on any personal injury case or legal claim filed by the patient thereafter. A lien acts as a contract between the patient and the medical provider, which gives the latter a legal right to any funds gained from a related personal injury case.
In a situation where one or more insurance companies covered the costs of the victim’s medical care, such as an automobile or health insurance policy, the insurance company can place its own medical lien if its policyholder is not the liable party. Individual doctors, surgeons, ambulance services and contractors may also file a lien after treating a car accident victim.
How Can a Medical Lien Affect My Personal Injury Case?
If a medical lien is attached to your personal injury case in New Mexico, this will affect the amount you get to keep from any settlement or judgment awarded for your losses. Since the lien is a legally binding claim, the holder of the lien will be repaid in full for treatment related to your accident before you receive the remaining funds.
Most personal injury awards include a specified amount to cover any past, current and future required medical care needed by the plaintiff or injured party in association with the accident. If you hire a personal injury attorney to represent you during negotiations, this improves the chances that your settlement or jury verdict will include a fair value for your medical costs. This portion of your settlement can then be used to pay off a medical lien.
Are Medical Liens Negotiable?
In general, medical liens in personal injury cases are negotiable, not final. One of the benefits of hiring an attorney is that your legal representative can negotiate the value of a lien on your behalf. Your lawyer can communicate with the lienholder to negotiate an offer that may settle your medical debt for less than the original value.
At the Fine Law Firm, an attorney will look for grounds to have your medical lien reduced, such as administrative mistakes, incorrect or double-billing, excessive charges, or miscalculations. Your lawyer will also make sure your settlement or judgment is properly structured and organized to protect as much of your financial recovery as possible from liens and taxes. For detailed information and legal advice regarding your specific personal injury case and any attached medical liens, contact us today for a free consultation with an experienced attorney.