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Statutory Liens

Statutory Liens, as they relate to auto accidents and personal injury claims can be somewhat technical and frustrating. If you or a family member have been involved in a personal injury and are now facing a statutory reimbursement lien issue call us, we can help. Call us at 800-862-1260.

It is important to understand that medical billings incurred at hospitals in Texas immediately after an accident and medical billings incurred as a direct result of an accident that are paid for by Medicare or Medicaid or Worker's Compensation may have Statutory Lien issues. Our Law Firm understands the laws in this area and we can help. The medical expenses incurred for the medical treatment of injuries sustained in a personal injury loss may very well have statutory liens attached. And these liens can affect your net recovery, for the liens can require the reimbursement of the lien out of any personal injury award recovered. In many cases the lien holders will demand payment for the lien out of any settlement or jury award recovered. You or your loved one may be required to honor these Texas Statutory Liens and/or Federal Liens which impose a right of reimbursement in personal injury cases. A lawyer may be required to see that the liens are properly paid out of any proceeds recovered on your case. However, some exceptions or loopholes can apply. The following is a brief discussion of some of the exceptions. If you need our Law Firm to help you navigate thru this area of the law call our Law Firm, we can help.

  1. In some cases if the recovery or settlement is paid out prior to the perfection of a lien, the lien may be invalid. Contact our Law Firm, in some cases the lien holder or medical provider is required to "perfect" its' lien prior to settlement. If the lien is not perfected properly, prior to the disbursement of settlement funds, the money can be paid to the victim and not the medical provider.
  2. In some Medicare and Medicaid Cases, where the government is demanding the payment of its' perfected lein out of a injury settlement or recovery, a loophole may apply. In some cases it can be argued that the amount being recovered is not sufficient to completely pay and compensated the injured party and reimburse the statutory Medicaid Lien. In such a case the lien may be reduced under current case law from the United States Supreme Court. If you believe your case should not be subject to a full reimbursement of a Medicare or Medicaid Lien, call our Law Firm at 800-862-1260, we can help.
  3. 3) In some cases the lien can be reduced or resolved under the "Made Whole Doctrine." If you believe your case should not be subject to a full reimbursement of a lien, call our Law Firm at 800-862-1260, we can help.
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