Personal Injury Cases Are Different Than Property Damage Claims

Personal injury cases are those in which you recover damages based upon physical injury to yourself, such as a work-related injury, a slip fall case, or a traffic accident when you were either a driver or pedestrian. These are different from property damage claims involving damage to your vehicle, for example.

Traditionally, in Missouri, insurers or other third parties that paid part or all of your medical bills associated with an accident or injury did not have to be repaid out of your settlement. However, with the passage of new laws it is now common for health insurance plans, and the Federal and state governments, through Medicare (for older persons) and Medicaid ( for disabled or lower income persons) to require repayment, either in full or in part, of those amounts that they paid for the medical bills related to your injuries.

Liens Can Be Negotiated Down Significantly

Therefore, it is essential that your lawyer be familiar with these programs, how they are administered and how they may affect your case so that these liens may be dealt before your case is concluded.  The good news is that some of these liens can be negotiated down significantly or entirely if dealt with properly; the bad news is that if these liens are ignored it can result in the government or health insurance company coming back against you years later to recover those amounts that should have been paid to them but were not. We have heard of instances of unfortunate persons who have had to repay the money years after their settlement proceeds have been spent.

Having an Experienced Attorney Is Critical

Therefore, it is important that you have an attorney who is experienced in successfully handling and dealing with these types of liens.  We have frequently dealt with complicated lien situations, and have been successful in negotiating and/or having them waived entirely, in appropriate circumstances. It is critically important for you to have an attorney at the beginning of your case with broad experience in this increasingly complex area.