If you are injured in an accident, your number one priority should be your health and wellbeing. This means you should seek immediate medical care to take care of your injuries, even if you can’t afford the medical bills.
Though doctors, hospitals, and other medical facilities do have a legal right to come after you for money to pay your bills, there is a way around having to pay upfront if you were injured in a car accident.
People who are the injured victims of a car accident have a right to file a personal injury claim to recover compensation for damages sustained in the accident, such as medical expenses for injuries. So when you are injured in a Kentucky car accident, you can have your injuries treated right away and ask for something called a medical lien or a hospital lien, which can defer your payment until you receive compensation from your accident claim.
What Is a Medical Lien
A medical lien is a claim for payment that a doctor or medical facility can take out against your personal injury settlement or your jury award. In some cases, a lien can also be taken out against your personal property, such as your home, if there is no money from a car accident settlement.
Hospitals, individual doctors, health insurance companies, the federal government, and other medical facilities all have the right to file a lien against your anticipated personal injury settlement. This allows them to get paid for any outstanding bills that you, as the injured victim, did not pay out-of-pocket upfront.
How Do Medical Liens Work in Kentucky?
When there is fear that medical bills may not be paid, the medical care provider can arrange to have a medical lien filed. This is because most states, including Kentucky, have laws that protect health care providers who offer advance treatments without being paid. This is done as a matter of public policy to ensure these providers do not lose so much money that they go out of business.
If a medical provider files for a lien and you still cannot pay off all the bills once you receive your personal injury settlement, the provider can send your debt to a collections agency. If you still do not pay the debt collectors, they can take you to court to seek a judgment against you. At that point, they can garnish your wages, or you could have your personal property taken if that was part of the lien.
Letter of Protection
In some cases, if you decide you don’t want a lien, you can work with an attorney to provide what is called a Letter of Protection (LOP) to the medical provider. An LOP is a signed agreement stating that you will pay the medical provider after your case settles.
However, a LOP only means that the medical provider has agreed to wait to seek payment until after your case is settled. Once your case settles, if you are still unable to pay what you owe, the medical provider could sue you.
How to Ensure All of Your Car Accident Settlement Doesn’t Go to Your Medical Provider or Hospital
In many cases, a medical lien is a good idea as it allows you to get the immediate medical attention you need without having to pay upfront. You can worry about your health and focus on paying off what you owe after your personal injury case has settled.
However, most car accident claims involve more than just medical expense damages. You might also need a portion of the settlement to help pay for lost wages and car repairs and to compensate for your pain and suffering and emotional distress. So it’s important to make sure you get a large enough settlement to cover your medical costs and other damages.
Doing this requires the help of an attorney. Without an attorney, insurance companies are more likely to offer you a reduced settlement that is not enough to cover all of your expenses and losses. But with an attorney, you will have professional representation fighting for your rights and helping you provide sufficient evidence to ensure you get a full and fair settlement.
If you receive your settlement and it is not enough to cover your medical expenses, you can work with your attorney and the medical provider to come to an agreement. In some cases, medical lien holders will be willing to negotiate less than the full amount owed. This is not a guarantee, but it is more likely if you have a good attorney on your side.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
If you are injured in a car accident and need help with your personal injury case, or have questions about medical liens, our team of experienced personal injury attorneys can assist you.
Recognized as one of Central Kentucky’s best law firms for over a decade and counting, McCoy & Sparks represents thousands of clients in Central Kentucky with a focus on providing premium service and delivering superior results. Our goal is to develop a strategy that best serves your personal needs to help you achieve the best possible outcome.
You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.