Q How do Liens Affect Personal Injury Settlements?
Liens could completely devastate a personal injury settlement. Our Raleigh injury lawyers have been successful at eliminating liens or significantly reducing their amount. We use a combination of aggressive negotiation, a deep knowledge of federal and North Carolina injury laws, and targeted research to show insurance companies and other lien holders they are not legally entitled to the money they are demanding of our injured clients.
Many people do not realize their injury settlement may be in jeopardy due to a lien because they do not understand what a lien is. What exactly is a lien? Liens, also known as subrogation claims, are placed on settlements by Medicare, Medicaid, hospitals, health insurance companies, and/or workers’ compensation insurance companies so that they may recover costs that were made for an injured person’s care. When these liens are enforced, injured persons may lose their entire settlement. Our Raleigh injury lawyers maximize settlements for North Carolina accidents and minimize the amount injured persons must pay out.
Raleigh injury lawyer Brent Adams hosted an entire presentation of the 2013 Southern Trial Lawyers Association dedicated to educating other attorneys on his own successful lien reductions and removals, essential laws, and effective ways to research liens.
Research shows that 50% of the liens made by insurance companies are false. The insurance companies attempt to base their liens on ERISA law, but in reality this conflicts with state laws.
If an injured person’s plan does not state specific information about their coverage, our Raleigh injury lawyers will request the full plan to review and verify if the lien is valid. If the insurance company is entitled to the lien—specific language must be present in the policy. This is a prime example why hiring an injury lawyer in Raleigh is helpful to your North Carolina case. Without the assistance of a Raleigh injury lawyer who knows how to reduce or remove liens in North Carolina, injured victims may have to use their settlement to pay off the liens.