Personal injury cases involving physical damage from vehicular accidents, burn injuries and dog attacks often cause medical costs to accumulate. Plaintiffs without insurance will most likely have medical liens related to the treatments you received at the hospital.
Fund Capital America’s medical lien funding provides essential financial support to medical providers and patients involved in personal injury cases. This funding service offers a cash advance to cover the medical costs of a plaintiff’s future settlement. It ensures that patients receive necessary treatments—such as surgeries, rehab, and physical therapy—without upfront fees.
This blog will guide you on how to find out if you have a medical lien in California.
Overview of Medical Lien
A medical lien is a request that a hospital, clinic or any healthcare provider files to receive compensation for the treatment of a person’s injury. Consequently, this is a legal way of recouping the money that the doctor or hospital spent to treat a patient without health insurance.
Medical liens are paid off using the patient’s settlement and are often prioritized when the settlement payment arrives.
Basic Facts about getting Medical Liens in California
Not all personal injury victims are automatically granted liens. However, there are specific circumstances where it is applicable.
- Hospitals can provide treatment to accident victims on a lien basis for patients who don’t have insurance.
- Not all doctors and health specialists will grant medical liens to personal injury victims because these cases may not always be successful.
- An attorney should be present when you sign the lien paperwork because they are considered negotiable binding contracts.
- Losing the case and not having adequate funds to reimburse the healthcare provider may prompt them to exercise the lien against you.
Is Medical Lien Discoverable in California?
Yes, medical liens are discoverable in California. It is possible to carry out this investigation on your own. These are the ways to find out if you have a medical lien.
- Examine your medical bills and insurance. Specifically, you need to read the Explanations of Benefits (EOB) in your policy. These documents will usually state if a third-party paid for your medical expenses.
- Ask your doctor or the hospital if they placed a lien on your bill or submitted a claim.
- Talk to your health insurance company and ask if they paid for any treatment then submitted a lien for reimbursement.
- Another option is to discuss with your attorney because they can help investigate whether or not you have liens.
- Sometimes, country records or state databases keep the files about liens. You can ask the county office to check.
- Lastly, if you know who will most likely file a lien, you can contact them directly to inquire.
The Role of Attorneys in Medical Lien
In most cases, medical providers are more willing to accept a medical lien if the injured party has hired an attorney. The involvement of an attorney gives healthcare providers more confidence that they will get paid because the attorney will be responsible for negotiating and settling the lien when the case concludes. An attorney helps ensure payment, making medical providers more comfortable agreeing to a lien. Additionally, attorneys can work to reduce the lien amount. Then, negotiate on behalf of the client for a lower payout. Finally, ensure the settlement covers the client’s needs while compensating the provider.
What to Do if You Have a Medical Lien
If you have a medical lien, a healthcare provider or insurance company has a legal claim on a portion of your personal injury settlement to cover the medical treatment they provided. Moreover, this can complicate settling a personal injury case. But, addressing the lien is essential to avoid legal or financial repercussions.
The first step is identifying all existing medical liens associated with your case. This can include liens from hospitals, physicians, or health insurance providers. Once you know who holds the lien, it’s crucial to communicate with them throughout the settlement process. Keeping them informed can help avoid potential surprises when the time comes to settle the lien.
Options for Dealing with a Medical Lien
There are several strategies to address medical liens in a personal injury case:
Negotiate the Lien Amount
Lienholders often are willing to negotiate for a reduced amount, mainly if the settlement amount is limited. Negotiating can save you money and increase the final amount you receive from your settlement.
Medical Lien Release
If the lienholder agrees, they can release the lien in exchange for payment. Sometimes, a partial release is possible if the settlement cannot cover the entire lien.
Pay in Installments
If a full release isn’t possible, you can arrange a payment plan to settle the lien over time.
Key Takeaway
Medical liens can significantly reduce the compensation you ultimately receive, so it’s important to identify and address them early in the process. Reviewing medical bills, consulting with your healthcare providers, and speaking with your attorney can uncover any potential liens attached to your case. Once identified, explore options like negotiating the lien amount, securing a release, or setting up a payment plan to manage the financial impact. Proactively handling medical liens ensures a smoother settlement process and helps you retain a larger portion of your compensation.
Fund Capital America’s Medical Lien Funding
The medical lien funding service of FCA helps medical providers and plaintiffs. With medical lien funding, hospitals and medical professionals can receive payment quickly, eliminate collection risks, and keep cash flowing to cover overhead and patient services.
On the other hand, plaintiffs can get the medical care needed immediately—emergency treatments, surgeries, and rehab—without worrying about upfront costs. A lien funding allows you to focus on recovery while the funding company covers your expenses and gets repaid from your settlement.
Some medical services we cover are physical therapy, rehabilitative services, orthopedic surgery and anesthesiology. With Fund Capital America’s Medical Lien Funding, both providers and patients can focus on what truly matters—healing and care, without the financial stress.
Send an inquiry today and let us help you take the next step toward stress-free care and timely payments.
