When someone is injured in an accident, they may face a long road to recovery. In addition to physical and emotional pain, they may also face financial hardship due to medical bills and lost wages. Fortunately, in many cases, injured individuals can seek compensation through a [personal injury lawsuit]. However, it's important to be aware of potential liens that could affect your recovery.
What are Liens?
Liens are legal claims against a settlement or court judgment that allow someone else to collect a portion of the recovery. One common type of lien is a Medicare lien. When Medicare pays for medical treatment related to an injury caused by someone else, the agency may file a lien against any settlement or judgment obtained in a personal injury lawsuit.
Liens by Oregon Health Plan (OHP) and Temporary Assistance to Needy Families (TANF)
However, Medicare is not the only government program that may file a lien in a personal injury case. In Oregon, the [Personal Injury Liens Unit (PIL)] files liens on settlements or court judgments to ensure the state is reimbursed for medical expenses it paid on behalf of the injured individual. The lien can be placed for costs related to medical assistance benefits, including Medicaid or Oregon Health Plan and Temporary Assistance to Needy Families (TANF) benefits.
Example of a Lien Placed by Oregon Health Plan
For example, let's say Jane is injured in a car accident and receives medical treatment through the Oregon Health Plan. Jane files a personal injury lawsuit against the driver who caused the accident and is awarded a settlement of $100,000. However, the Oregon Health Plan has paid $10,000 for Jane's medical treatment. The PIL may file a lien against Jane's settlement for $10,000 to reimburse the state for the medical expenses it paid on Jane's behalf.
How Pacific Injury Law Firm Can Help
If you're facing a lien in a personal injury case, it's important to work with an experienced attorney who can help you navigate the legal process. At Pacific Injury Law Firm, we have [extensive experience representing clients who are facing liens in their personal injury cases]. We understand the complex legal issues involved and can help you pursue a fair and just recovery.
Reporting Injuries to PIL
One important step in dealing with a lien is to ensure that all parties involved are aware of the lien and the amount owed. In Oregon, individuals receiving medical assistance or members of the TANF benefit group are required to report to PIL when injured by another person or business. Generally, the individual receiving benefits must make a claim against the person, business, or insurance that is liable for the injuries.
If you're applying for benefits and have been injured, it's important to report the injury to PIL if you're approved for Medicaid. You can report the injury by clicking the ‘Report Injury” button on PIL's website. If the claim was settled prior to applying for benefits, you may not have to report the injury.
Negotiating with PIL
Another important step in dealing with a lien is to negotiate with the agency to reduce the amount owed. In some cases, the agency may be willing to reduce the lien amount if it's clear that the injured individual will not receive a full recovery. An experienced attorney can help you negotiate with the agency to ensure that you're not paying more than you should.
Paying Liens Correctly and On Time
Finally, it's important to ensure that any lien payments are made correctly and on time. Failure to pay a lien can result in legal action against the injured individual or their attorney. At Pacific Injury Law Firm, we have experience working with PIL and other government agencies to ensure that liens are paid correctly and in a timely manner.
Contact an Oregon injury lawyer with with experience managing medical liens
If you're facing a lien in a personal injury case, it's important to work with an experienced attorney who can help you navigate the legal process. At Pacific Injury Law Firm, we can help take the headache out of managing liens for clients who are facing liens in their personal injury cases, including liens by the Oregon Health Plan and TANF. Contact us today to learn how we can help you pursue a fair and just recovery that doesn’t put you in a situation where you owe money to the state of Oregon.
