Many times, when a lawyer for a personal injury victim settles his or her client’s personal injury case, the health insurer will ask for a significant portion of the settlement for reimbursement of expenses which it incurred in paying for health care. This is known as "subrogration" or a "right of reimbursement."
Repeatedly, I have seen cases where good attorneys pay back liens that do not even exist, or they pay back way too much. Paying back liens that don’t exist, or paying back too much is a disservice to our clients, and can be considered malpractice. The law on health insurance liens is complicated and one should not dabble in it unless experienced.
Frequently, personal injury attorneys will recommend their clients to hire The Nation Law Firm to negotiate those liens. This referral removes any potential liability from the personal injury attorney, and provides a much needed service to their clients.
Recently a nationally recognized personal injury law firm asked me to deal with a $650,000 health insurance lien on a case they were trying to settle. After intense negotiations I convinced the health insurance carrier to accept $65,000 as payment in full for the lien. Had the insurer not agreed, I was prepared to file a declaratory judgment action to seek a judicial determination of the amount of the lien. If I was successful in the declaratory judgment action, the insurer would have not only had to reduce or eliminate the lien, but would have also been responsible for my attorney’s fees and costs.
I am currently in litigation in numerous such declaratory judgment actions at this time.