When people are injured in an accident that was caused by the negligence of somebody else, those victims routinely obtain medical care and treatment, especially at emergency rooms. Sometimes, those victims are even hospitalized. What comes to issue is that an accident victim shouldn’t be required to cover the cost of related medical care and treatment if he or she didn’t cause the accident. That’s why California hospitals, doctors and other health care providers have the right to pursue payment for the services that they render to an accident victim from the person or entity that caused the victim to be injured. That right is invoked by bringing a medical lien claim against both the liable party and the accident victim. The lien operates as an enforceable demand for payment for medical services provided to the accident victim.
If you or a loved one need assistance with a medical lein, contact us today for a free consultation and we will explain your rights to you.
California’s Statutory Lien
The California Civil Code Section 3045.1 gives health care providers the right to claim a lien for services rendered to accident victims. The lien applies whether there is a judgment taken against the person or entity that caused the accident and injuries, or an injured person’s claim is settled or otherwise compromised. The lien becomes effective when notice is delivered to or mailed by registered mail, return receipt requested and proper postage prepaid by the provider to the person or entity believed to be liable to the injured person for the injuries suffered. It must be delivered or mailed before the delivery of any monies to the injured person, his or her attorney or legal representative as compensation for the injuries suffered. The lien notice must contain the following information:
- The name and address of the injured person.
- The date of the accident.
- The name and address of the hospital.
- The reasonable and necessary amount claimed for services.
- The name and address of each person or entity claimed to be liable for the victim’s injuries.
The Hospital’s Duty After Lien Receipt
By the same notification methods as described above, the hospital must deliver a copy of the lien notice to the insurer who is alleged to be responsible for compensating the victim for his or her injuries. Note that the person who is alleged to have caused the accident must notify the hospital of any insurance company covering him or her at the time of the accident. If an attorney who is properly served with a medical lien fails to pay the amount due, he or she can be held liable for the entire sum.
Reduction of a Hospital’s Lien
An amount due on a California medical lien can be reduced. In accordance with section 3045.4 of the governing statute. A skilled and experienced California personal injury lawyer from Maison Law will take all available measures to reduce one or more medical liens in an accident claim or lawsuit in order to increase the client’s net proceeds.
Contact a California Medical Liens Lawyer Today
The more valuable that a personal injury claim suit might be, the more complicated lien issues are going to become. There are also health insurance, Medicare, Medicaid and Medi-Cal liens that often arise during the course of a personal injury case. Health care providers are going to use every tool at their disposal to get as much reimbursement money as they can from an accident victim. You’ll be in need of a highly qualified and experienced California personal injury lawyer to help you with increasing your total net proceeds and decreasing liens from a settlement or award. Contact us at Maison Law at your earliest convenience after any California accident. We’ll be pleased to arrange for a free confidential consultation and case review with you. If we’re retained to represent you, our objective will be to obtain the highest net settlement or award for you as we can.
