Federal, state & private healthcare obligations in personal injury cases



Under the laws of most states, when you receive a personal injury settlement, you must use part of that settlement to pay back whomever paid for the medical care needed to treat the injury – whether it’s the government, your employee health plan, or your health insurance company. These healthcare “liens” or “reimbursement obligations” are now a part of almost all personal injury settlements. Yet many plaintiffs don’t realize that they might have these obligations when they settle their cases.

More and more often courts, defendants, and healthcare providers are requiring that healthcare liens be resolved before settlement checks can be sent out. Laws and regulations often place the burden on the plaintiff to verify whether or not a healthcare provider has a lien and, if so, to make sure that lien is paid.

You should take a few minutes to make sure you understand your healthcare benefits, your obligations regarding these healthcare liens, and your rights. If the liens aren’t properly paid, it’s possible that your future medical claims could be denied. That's why it’s important to try to identify any reimbursement claims before your case settles. The Garretson Resolution Group is here to help with that process.