We Reached an Agreement to Settle My Case, What Happens Now?

In most cases, our clients have incurred medical bills which were paid by insurance, Medicare, Medicaid, Workers Comp or remain unpaid. Our client’s concern once a settlement is reached is the amount of the net proceeds they will receive after these bills are paid. It falls on us to negotiate with lien holders like insurance companies or directly with medical providers who provided care under a Letter of Protection (signed agreement between the patient, their lawyer and the provider to accept payment from the settlement).

Keep in mind, virtually all incurred medical treatment paid by some form of insurance will have a right to seek reimbursement when a case settles. This includes traditional health insurance companies and governmental entities like Medicare, Medicaid, Workers Comp, or the VA. The insurance adjuster knows this and estimates these amounts when calculating the value of a case.

The reimbursement right of each entity is radically different in terms of how lien rights are calculated and the amount they will consider when a reduction of their lien is requested. It takes years of experience to learn these differences and how to maximize all possible reductions on a client’s behalf. Together with my assistant Judi, we have years of experience in getting medical bills and liens reduced on our client’s behalf.

How much a lien can be reduced varies widely from entity to entity and often by the circumstance of each individual case. Of course, our friends in Washington have passed laws favoring business interests over the interests of consumers. A great example would be the protections given to certain insurance companies governed by the ERISA law which gives them the right to insist on their full lien recovery from a settled case, although, we have been successful in having many of these reduced, as well.

We jump on this process immediately after settlement. Governmental liens typically require the most time to resolve while individual medical provider liens can be negotiated in a matter of days. We keep our clients fully informed on this reduction process and will discuss our goals for each provider or lien holder. If you have questions about this don’t hesitate to call us.

Have You Been Injured In An Accident?

If you've been injured in an accident you should contact an experienced personal injury lawyer as soon as possible. Please contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

Jim Dodson
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A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.