Hurt in an accident in Kansas City? You may be entitled to compensation through a personal injury claim. That being said, even when you have an extremely strong claim, it can still take time to get your settlement paid. Of course, victims need medical care right away. A doctor or healthcare provider may put something called a “medical lien” on your settlement in exchange for providing immediate care. There are plenty of myths and misconceptions about medical liens. Here, our Kansas City personal injury lawyer provides a guide to medical liens.
Medical Lien: Defined
Legal Information Institute defines a lien as a “security interest or legal right acquired in one’s property by a creditor.” In the context of a personal injury claim, a medical lien—or, as it is also frequently referred to, a hospital lien—allows providers to claim a portion of the settlement proceeds or judgment awarded to the victim (patient.) In effect, the lien helps to ensure that medical professionals are compensated for the treatment provided to the injured party before the funds are actually released to the claimant.
Know the Specific State Regulations for Personal Injury Medical Liens
Medical liens are regulated at the state level. If you were hurt in an accident in Kansas City or the surrounding area, the relevant state law will impact your rights. Here is an overview:
- Medical Liens in Missouri: In Missouri, hospitals, health clinics, licensed physicians, chiropractors, and certain specialists could all potentially file a medical lien. They must send proper notice in a timely manner in order for their lien to be valid.
- Medical Liens in Kansas: In Kansas, the law for medical liens is more strict. Only hospitals and certain qualifying health clinics have the legal authority to file a medical lien. In Kansas, liens must be filed in the district court in a timely manner.
Note: Federal law supersedes state law. For Medicare and Medicaid beneficiaries, and beneficiaries of Self-Funded ERISA Plans, a lien can be filed on a personal injury settlement for funds paid out.
An Attorney Can Help You Take Action to Maximize Your Financial Compensation
Medical liens are notoriously complex. You do not have to navigate the legal process on your own. A top-tier Kansas City personal injury lawyer can help you with the management of a medical lien. Your attorney can negotiate and structure your settlement in a manner designed to ensure that you are able to keep the absolute maximum amount of financial compensation in your pocket.
Get a Free Consultation With a Top-Tier Kansas City Personal Injury Lawyer Today
At House Law LLC, our Kansas City personal injury attorney is devoted to fighting for justice. Have any specific questions about personal injury settlements and medical liens? We are more than ready to help. Contact us today for your no-cost, no-strings-attached case review. With a law office in the heart of Kansas City, we take on personal injury claims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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