Personal injury clients generally ask me as an experienced Media Accident Attorney, what type of damages they’ll be able to recover, including medical bills, pain and suffering, and non-economic harm. One real question is, “Will you be required to repay medical bills that were paid by your insurer?” In other words, will the insurer have a lien on the proceeds of your case? The usual answer is yes, although there is a large distinction between a private insurance company and government-run insurance such as Medicare or Medicaid. Private insurance companies have an enforceable lien only if the attorney or client is put on notice of that lien. In other words, when the insurer learns that you’re suing, they must send a lien letter to the attorney or the client.
Otherwise, if you’re able to resolve your case before the insurer becomes aware of the potential claim, you may be able to recover from the tort fees or without having to repay the insurer. Because of what’s called the super lien, the rules for government-run programs are different. They can recover their pound of flesh whether or not they have notice of the claim, so it’s very important to inform your attorney if your medical bills are covered by Medicare, Medicaid, or any other government-run program.
Have you been injured in an accident and are afraid you will have to pay back the insurance company? Contact experienced Media Accident Attorney Patrick Gibson for guidance.
This educational blog was brought to you by experienced our Media Accident Attorney. Our law firm proudly represents clients throughout Media, as well as Pennsylvania, the greater Philadelphia area, Delaware and New Jersey.
