Through the course of your personal injury case, one of the biggest concerns you have is getting your medical bills paid. Unfortunately, even when they're paid, that might not be the end of it. Under many circumstances, the people who paid may be able to file a lien against your settlement proceeds to recover a portion of the money they spend on your medical care.

What is a lien?

Depending on the type of accident you have, the medical treatment you undergo and who pays for it, many different types of liens can be placed against your personal injury case. A lien is a demand for repayment issued against any settlement you receive from a personal injury case. If a lien is properly filed and valid, the party placing the lien may demand a portion of your proceeds in return for satisfying the lien.

Worker's Compensation Liens.

A worker's compensation lien may be issued if you are injured in a work-related accident, and worker's compensation pays for your medical bills or lost wages. In the event that you receive a third-party settlement, the worker's compensation lien must be paid before you can do anything with the proceeds. The lien amount is typically whatever worker's compensation pays for your case, including all medical bills and lost wages that the carrier has covered. However, there are some circumstances in which your personal injury attorney can help you minimize the lien, either through negotiation or other legal clauses.

Health Insurance Liens.

Your health insurance provider may also issue a lien to recover any money it spends on your personal injury accident treatment. In the event that your health insurance provider issues a lien, you may be required to pay back medical expenses that your health insurance provider paid for your accident. This is a process known as subrogation, whereby insurance providers can seek repayment from your settlement. However, these liens are not valid unless the proper language is in place, so consult your personal injury lawyer as to the validity of these claims.

Medical Provider Liens.

In Mississippi, hospitals are entitled to file a lien for repayment of any monies spent on treating or caring for someone injured in an accident. Some other medical providers may also ask you to sign a lien letter, stating that you submit to a lien against your settlement to pay for services. Don't sign a lien letter without consulting your attorney, and forward any lien documentation you receive from a medical provider to your attorney for review. Medical provider liens must follow a strict protocol to be valid, and your lawyer can determine whether a lien is valid or not.

Medicare, Medicaid, V.A. - Government Liens.

Different government assistance agencies have different rights when it comes to placing a lien against your settlement. If you receive any lien documentation from a government agency, take it to your personal injury attorney for review. Most government agencies do have a right to recover a portion of your proceeds if they've paid for services, so don't be surprised to see this documentation arrive.