Personal Injury Lien Recovery
A relatively new practice of law, personal injury lien recovery is designed specifically to address the issue of delayed or denied payments. Experienced attorneys step in to argue for your practice, using direct evidence from your treatments and procedures, to pressure insurers , PI attorneys and their clients to settle their debts at maximum value. With our assistance, you can get what you deserve to be paid in a reasonable timeframe and without endless arguing.
We’ve asked some common questions and provided answers to help you navigate this new world of lien recovery litigation; with our assistance, you can spend less time chasing money and more time specializing in your practice.
What is Personal Injury Lien Recovery?
Either where you have worked on a lien in a personal injury case and you are struggling to collect from the attorney after the claim has settled, or where you have rendered out-of-network emergency services to a patient and the insurers are not paying you in full.
Are unpaid medical bills a common problem?
Much more than you might realize. PI attorneys and insurers are expert negotiators; it’s what they do. They rely on you having little time and no expertise, and thus willing to accept less than you are entitled to for your medical services.
What about Emergent Out-Of-Network claims?
A provider who carries out emergent services for out-of-network patients but is only offered payments at in-network or Medicare rates from insurers has a valid claim of underpayment. A legal firm specializing in insurer negotiations can assist in recovering these lost fees.
So who is responsible?
The PI attorneys and their clients have a legal duty under California law to pay liens in full. It is normal to negotiate, as the settlement may not be sufficient to cover all the other liens. The medical insurers are entirely responsible for the UCR amount for Emergency services and you cannot balance bill the patient by law. Either they pay or no one does, and no one likes working for free.
When should I call a lawyer?
There are various trigger points for PI Lien work, including when the attorney fails to respond at all, but normally the patient’s attorneys tell you the claim has settled but offer you an amount significantly below what is acceptable. At this point a lien recovery attorney can help negotiate on your behalf. Alternatively, if the PI firm files an interpleader, or you are worried that they have paid other lienholders and there may not be enough remaining to pay your lien, contact us.
With Medical Insurer cases, once you have exhausted the standard appeals process you should engage an attorney. If you do not pursue your claim in court, you will not get anything; there is only a two-year window from the first EOB (Explanation of Benefits) to file a lawsuit.
What if I have to go to court?
Any time you file suit, there is a risk of proceeding to trial. However, the vast majority of litigated cases never go that far; almost 80% of cases over $25,000 in value settle before trial, and around 94% of cases between $10,000 and $25,000 settle before trial. You may, however, be deposed. An attorney who can be with you every step of the way will make this as easy as possible.
How long should it take to recover my outstanding receivables?
Once your lawsuit is filed, it can take up two years to complete in Court but once we fully understand the strengths and weaknesses of your case, our attorney will endeavor to resolve the case at the earliest possible juncture for the highest possible amount.
As my attorney, how do you receive compensation?
Once a settlement or verdict has been reached, a check will be sent to our offices; costs and fees will be deducted in line with your retainer agreement, and you receive the balance.
Personal Injury Law
When you’ve been injured and are in pain, it’s not the best time to negotiate with the responsible parties. You’re at a disadvantage, and the legal system is designed to keep it that way. It’s hard to prove liability, difficult to get the responsible parties to work with you, and tough to get a fair settlement.
An experienced legal representative will help you assess your situation, submit your claim, and receive a fair and just settlement. If you’ve been injured in an accident, been the victim of unprofessional conduct, become disabled through no fault of your own or otherwise have a valid claim against a plaintiff, you need to see an attorney right away.
We’ve asked some common questions and provided answers to help you navigate the complex world of injury litigation; the more you know, the better you can work with your legal representatives to get a fair settlement for your claim.
See Medical Fees & Settlements FAQ
What is personal injury law?
When you have been hurt as a result of another party’s negligence, the claim that you bring against that party or their insurance company is called a personal injury claim. The law that governs those claims is known as personal injury law and is part of Tort Law.
What's a tort?
A tort is the legal term for a wrongful act, omission, or an infringement of a right that is not contractual, that leads to legal liability for that act.
So who is responsible?
The person who did the act, or failed to do the act, or infringed upon your rights is the responsible party. Normally, the act will be insured and the responsible party’s insurance company will provide compensation to cover your losses.
When should I call a lawyer?
As soon as possible. Once a lawyer is involved, he or she can help organize all the various actions and documentation to assist someone who’s been injured in an accident. Our responsibilities typically include arranging for repairs and a replacement vehicle, medical treatment for your injuries, and collecting the evidence necessary to support a liability finding in your favor.
When should I file a claim?
In California there is a two-year time limit from the date of the accident to when you file a lawsuit. With few exceptions, if you miss it, you will be unable to sue. It is best to file a claim with the insurers as soon as possible.
How do I determine my damages?
An experienced attorney will be able to help you establish the potential damages for your particular case. This is very fact-specific and will depend on the extent of your injuries, your physical property damage, and other consequential losses like medical expenses and loss of earnings. Once all the evidence has been obtained, your attorney will provide you with appropriate advice.
What if I have to go to court?
Any time you file suit, there is a risk of proceeding to trial. However, the vast majority of litigated cases never go that far; almost 80% of cases over $25,000 in value settle before trial, and around 94% of cases between $10,000 and $25,000 settle before trial. You may, however, be deposed. An attorney who can be with you every step of the way will make this as easy as possible.
How long should it take to recover my damages?
Depending on questions of liability and the extent of injuries, your case can be resolved as quickly as a few months, or may take as long as several years.
As my attorney, how do you receive compensation?
Once a settlement or verdict has been reached, a check will be sent to our office, costs and fees will be deducted in line with your retainer agreement, and you will be paid the balance after deductions for any liens that may need to be paid first.
If you are owed money from your practice work, contact us. We can help.
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Nesbit Law Group is a Los Angeles medical specialty law firm which helps physicians negotiate unpaid fees with insurers and obtain settlements for unpaid bills, and assists individuals and businesses in recovering damages due to accidents, malpractice, tortious misconduct and other areas of injury law. Alan Nesbit is the founder and principal attorney.
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