Yes. Hospitals and physicians, among other healthcare parties, can file a medical lien on your dog bite case. They do this because they feel that they might receive more money this way than if they went through the normal insurance process. This practice is gaining popularity in Illinois personal injury litigation and it is important to understand the consequences that it could have on your case.
What Are Medical Liens?
Liens are a type of security interest that debtors give to creditors to secure performance or guarantee debts. They extend to debtors’ right in some form of right or property. Generally, they are used to give notice to the rest of the world of the creditor’s interest in that specific item or obligation. Normally, notice is established through a formalized process known as perfection. Perfection normally requires you to file a description of the interest and parties with the relevant state’s Secretary of State office. Importantly, liens can be either voluntary or involuntary. Private parties can contract to exchange rights or courts can award parties rights in another’s property.
How Do Medical Liens Work In Illinois Dog Bite Cases?
Illinois passed the Health Care Services Lien Act (770 ILCS 23) in 2003. It applies the concept of liens to the area of medicine. Basically, it gives medical parties a right to a portion of a plaintiff’s personal injury case award to the provider if they rendered services. The law distinguishes between healthcare professionals (like doctors) and healthcare providers (like hospitals); however, it does allow any of them to receive more than 40% of the plaintiff’s recovery combined. Of course, this would apply to Illinois dog bite or attack cases like they would to any other Illinois personal injury case. Yet, there are many formal requirements to the Act including a sufficient description of the plaintiff’s injuries and the healthcare party’s services rendered. Thus, it is critical to have experienced counsel carefully scrutinize any lien that your doctor or hospital tries to place on your Illinois dog bite award or settlement.
Still Concerned How A Lien Can Affect Your Dog Bite Case?
We know that many of the terms and concepts introduced above may be new to you. The unfamiliar can be confusing and concerning but it doesn’t have to be. Rosenfeld Injury Lawyers works hard to get Illinois dog bite victims back on track in their lives and under the law. We can help you too! Also, we work with all of our clients on a contingency basis which spares the cost of trial for you until it is over. This gives you the freedom you need to repair the damage done while we fight for your rights in court. Rosenfeld Injury Lawyers can start working for you today. Just call our offices.
For additional information on Illinois dog bite injuries, see the following pages: