A prominent personal injury firm has referred me their client in order to deal with an ERISA lien which is being asserted against a personal injury settlement. The lien recovery firm is seeking 100% of the amount paid in medical benefits after an automobile accident, and is refusing to budge. However, I believe I will be able to show that the medical treatment was not actually caused by the accident. Instead, according to my client’s treating physician, the treatment for which the lien is being asserted would have been needed regardless of the accident.
Because the lienholder will not agree to waive its lien, I have filed a declaratory judgment action in federal court seeking to have the lien judicially extinguished. I will keep you posted.
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.