Oftentimes settlements or trials take place long after medical treatment has been administered to the injured parties. When this happens, a medical provider is entitled to a lien on the unpaid medical bills against the injured parties' settlement or damage award. 770 ILCS 23/10. Illinois does recognize liens asserted by health care providers including: hospitals, doctors, physical therapists and chiropractors. 770 ILCS 23/10.
Under the Healthcare Services Lien Act, the combined liens from healthcare professionals (doctors and dentists, for example) and healthcare providers (hospitals, for example) cannot exceed 40 percent of the injured party's recovery of damages. 770 ILCS 23/. If the lien amount is greater than 40 percent of the total recovery, each category (healthcare provider and professional) is capped at 20 percent of the recovery. Additionally, neither healthcare providers nor professionals individually may have a lien amounting greater than 33 percent of the injured party's recovery. 770 ILCS 23/.
A lien is considered to be a legal interest in a particular cause of action so the liens will need to be addressed before the settlement proceeds can be distributed. An auto accident attorney can explain more detail about the physician lien law in Illinois and can advise as to how the law impacts settlement of funds.
Liens on Auto Accident Cases Can be a Big Deal
A medical lien is a secured interest in a case and is legally binding. Your failure to address the presence of a lien can create big problems for you in the future. In addition to the Lien Act discussed above, Rosenfeld Injury Lawyers LLC regularly negotiates physician, chiropractic, Medicare, hospital and health insurance liens on behalf of our clients. The reduction of medical liens not only puts more settlement money into your pocket, but it also gives you the piece of mind that the bill was properly negotiated and paid.
Upon the resolution of every client's case, we provide you with a copy of the lien reduction correspondence as well as copy of the check that was sent to the provider.
Do You Have Questions About a Medical Lien in an Illinois Car Accident Case?
Unfortunately, the world of medical liens can be difficult to digest if you have not dealt with them before. At Rosenfeld Injury Lawyers LLC our staff is familiar with all types of liens on personal injury cases. When you retain our office on your case, you can rest assured that our office will work tirelessly to ensure that all lienholders interest is satisfied and reduced to the fullest extent of the law.
For additional information see the following pages:
- Do I need to give a statement to an insurance company following an auto accident where I was injured?
- How long do you have to file a lawsuit for personal injuries related to a car accident arising in Chicago, IL?
- How long does it take to settle an Illinois car accident case involving injuries?
- How much does it cost to hire a lawyer to represent me in a personal injury case arising out of an Illinois auto accident?
- I don't understand why my car insurance needs to pay for injuries I sustained when another person caused the accident
- I was told the driver of the vehicle I was involved in an accident with had full coverage. What does that mean?
- I was unable to work for several months following my car accident; can I recover my lost wages?
- If the car was owned by a company, is the company responsible for paying my personal injuries?
- Is car insurance mandatory for drivers in Illinois?
- My health insurance company said they have subrogation rights related to my auto accident case. What does that mean?
- Can I pursue a claim on behalf of my son against my husband?
- The driver I was involved in an accident with pleaded guilty in traffic court. What does that mean?
- The driver of the vehicle who caused my Chicago car accident was arrested for DUI. Can a claim be pursued for punitive damages?
- What type of monetary damages does the law provide for in automobile accident cases in IL?
- Why is the car insurance company denying my claim for property damage and medical expenses?