Serving Columbus, Albany & South Georgia - Keep More of Your Own Money - Free Advice
Serving Columbus, Albany & South Georgia - Keep More of Your Own Money - Free Advice
When a health insurer pays for your medical care after you are injured by a third party business or individual, the insurer almost always asserts a lien to recover from any settlement. This effort to recover is called "subrogation". Dealing with liens and health insurance has become critical part of handling personal injury claims.
Not all health insurers have the same rights under Georgia law and federal law. Knowing what liens must be paid back, and knowing which ones can be contested, is an essential element when you make an injury claim. If the lien can be properly opposed, then this can increase what your net recovery is when your case is resolved. Likewise, if the insurer is a federally protected insurer, as many today are, failure to pay the insurer can result in you being sued and losing your health coverage. I have dealt with thousands of liens over the course of my practice, and know how to determine the difference between liens. For instance, in Georgia, if you are injured on the job and workers compensation pays for your treatment, and you injured by someone else, there is a body of case law that says you do not have to pay them back unless you are "made whole". This can be different if your employer is from an estate other than Georgia. For most liens, the difference is whether the lien is governed by state law (these plans have fewer rights) or federal law (which have been given a broad right to recover by the United States Supreme Court). Regardless of the type of lien asserted, insurers must follow certain rules in order to be able to recover (or "subrogate"). If they do not follow the rules, they can lose the right to recover. I understand what rules apply and know how to protect your rights.
Hospitals in Georgia are also allowed to file liens under Georgia's present legal regime. Again, the hospital has certain requirements that they must follow in order to enforce their liens, and they often make mistakes that forfeit their right to recovery. I know how to challenge these liens, and when they must be paid.
Also, in the event that you or a loved one are permanently injured, there are also steps that can be taken to attempt to get governmental or private insurers to greatly reduce or waive their liens. This often a difficult battle, but it can mean the difference between you receiving nearly nothing when your case finishes, or receiving a fair amount. These insurers needs to understand that there is no motive for you to recover money if all of it is going just to the hospital or a health insurers. We will make these arguments for you. Call a Columbus lawyer who will make sure that your case, and all liens that apply, are dealt with in a way that protects you.
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