My client was severely injured in a motorcycle accident. In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits. My client’s health insurer paid around $200,000 for medical care related to the crash.
After resolving the bad faith case, my client’s health insurer asked my client to reimburse it the full $200,000 it spent on medical care. I advised the recovery company for the health insurer that under Florida law, the health insurer was only entitled to a small fraction of what it was seeking. They refused to budge and demanded payment of the full amount.
Today, we filed declaratory judgment lawsuit against the health insurer seeking a judicial declaration that the insurer is only entitled to a fraction of what it is seeking.
Repeatedly, I have seen cases where good attorneys pay back health insurance 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.