Medical Liens and Personal Injury Victims

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In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.

A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.

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What Proposition 213 Means For Uninsured Auto Accident Victims in California

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If you have suffered an injury in a car accident that was not your fault, you are entitled to compensation for your injuries. As an injury victim you are entitled to compensation for:

medical bills
lost wages
property damage
pain and suffering
emotional distress

Compensation can divided into two separate categories. The first type is known as economic damages. Economic damages refer to reimbursement for the actual costs associated with the accident, expenses like hospital bills doctor bills and any other actual costs associated with the accident itself. The second category damages are referred to in the legal profession as general or non-economic damages. These types of damages are not hard costs of the injury, but reimbursement for any emotional distress or physical pain or suffering.

Back in 1996, Californians tired of the effects of uninsured drivers on the system as a whole, overwhelmingly passed Proposition 213. Proposition 213 states that an injured driver must show the vehicle had liability insurance coverage at the time of an accident in order to collect "general damages" from the driver who was at fault for the accident. This applies even if the driver was not at fault in any way for the collision. Simply put, if you are involved in a car accident that was not your fault and suffered an injury as a result, and were either the owner or driver of the car that was not at fault, you must show there was liability insurance coverage on the car in order to be compensated for your "general damages". Under Proposition 213, passengers who are injured in an uninsured car that was not at fault in accident can still collect general damages in addition to economic damages, as long as they are not owners of the vehicle.

There is one exception to Proposition 213. This exception occurs when the driver of the "at fault" vehicle was under the influence of alcohol or drugs at the time of the accident. In a case like this one, the driver or owner of the car that was not at fault can still collect general damages even if the car was uninsured at the time of the car accident.

Proposition 213 was the subject of intense and protracted litigation surrounding its provisions at the time it was enacted. It is now settled law and applies to all personal injury car accident cases in California. Your personal injury attorney should be well versed with Prop 213, its provisions and the means by which it may affect your individual case. Car accidents are the most common means by which people suffer personal injuries Experienced personal injury attorneys, therefore, are expert at all phases of the car accident injury case as well as the laws surrounding such cases.

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Medical Liens and Personal Injury Victims

Image : http://www.flickr.com

In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.

A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.

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