What are Medical Liens? 

Medical Liens for Car Accident, Allyson KitchelSometimes the fine print in your health insurance says “if we pay for treatment and someone else pays you for the injuries which required treatment, you have to pay us back.”  If you have Medicare, Medicaid, Tricare, or are a Federal employee, this definitely applies to you. This is called a “lien” which is a claim for reimbursement from your settlement or verdict.  

Even if you don’t have one of these government-based plans, your health insurance may claim it is entitled to reimbursement. If you get a letter that says something like, “were you in an accident? Do you have an attorney?” This is a red flag that your health insurance company wants to be reimbursed.  

A good personal injury attorney will handle this for you and will work hard to negotiate the lien down, sometimes all the way to zero. Kitchel Law has recently successfully convinced private health insurance companies and even Medicaid to waive their claim for reimbursement.  

Sometimes Liens Can Help: Liens by Medical Providers 

After a car crash, it is crucial to make sure you receive the medical care you need. In an emergency, emergency departments in hospitals are mandated to provide stabilizing medical care to anyone who needs it. This right is protected by the Emergency Medical Treatment and Labor Act (EMTALA), a federal law. Under EMTALA, hospitals must conduct a medical screening exam and provide any necessary treatment to stabilize your condition, regardless of your health insurance status or ability to pay. 

After the emergency passes, there is no requirement for the hospital to continue care. So if you don’t have insurance, it can be impossible to find orthopedists, neurologists, pain management specialists, or physical therapists to provide follow up care that is necessary for you to get better. Medical liens can help. There are treatment providers who will wait to be paid until after your case settles. This allow you to access this treatment even if you do not have health insurance or the means to pay right away. These liens serve as a legal right to part of any settlement or judgment you may get in your car accident case. In essence, they ensure that your medical providers will receive payment for their services from the money received through your claim. 

No Out-of-Pocket Expense Medical Care for Victims, while Protecting Healthcare Provider Right to Get Paid 

The law prioritizes ensuring that those injured in car accidents due to another party's negligence receive necessary medical care.  Medical liens protect healthcare providers, who cannot be expected to wait for the potentially lengthy resolution of your legal case before receiving payment.  Importantly, while a lien exists, it does not require immediate out-of-pocket payment from you. 

How Liens Impact Your Settlement 

Medical liens must be resolved before you receive your full car accident settlement. These liens guarantee payment to the healthcare providers who aided in your recovery.  Seek a knowledgeable car accident attorney to understand how liens impact your specific case and ensure you receive all the compensation you are entitled to. 

How a Car Accident Lawyer Assist You in Dealing with Medical Liens 

Verifying Accuracy: Your car accident lawyer will carefully examine every medical bill and lien to confirm they are valid, connected to your injuries from the accident, and accurate. 

Negotiating Reductions: Sometimes, your attorney can discuss with healthcare providers to lower the amount of liens. This has the potential to boost the compensation you ultimately get. 

Looking out for your best interests: A car accident attorney will support you by making sure you are not stuck with inaccurate liens or excessive charges. 

The Importance of Legal Counsel in Car Accident Claims 

Handling the consequences of a car accident in Washington DC can be stressful and overwhelming, particularly when dealing with healthcare expenses and intricate legal matters such as medical liens. It is essential to know how liens function and how a car accident attorney can help in order to protect your entitlement to rightful compensation. 

Why Choose Kitchel Law? 

Proven Experience: Our lawyers possess vast experience dealing with car accident cases in Washington DC and successfully negotiating with medical providers. 

Real Empathy for Victims: We acknowledge the stress and uncertainty you might be experiencing. Our aim is to alleviate your workload by handling the legal intricacies, allowing you to concentrate on recuperation. 

Maximizing Your Compensation: Our goal is to decrease medical liens whenever feasible, in order to boost the total compensation you will ultimately receive. 

Contingency Fee System: You don't have to pay any legal fees unless we are successful in your case, providing you with quality representation without any initial expenses. 


Don't let concerns about prompt medical care and out-of-pocket expenses add to your stress after an accident. If you've been injured in a Washington DC car crash, feel free to reach out to a trusted car accident lawyer in Washington DC, and Northern Virginia for a FREE consultation. We can assess your situation, explain the medical lien process, and fight for your right to maximum compensation. 

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