Understanding Medical Liens in Nevada Car Accident Cases

At Anthem Injury Lawyers, we understand how confusing the legal and financial aspects of a car accident case can be. One important concept victims often encounter is a medical lien. Understanding what a medical lien is, how it affects a settlement, and the relevant Nevada laws can help accident victims navigate this process more confidently.

What Is a Medical Lien?

A medical lien is a legal claim by a healthcare provider, insurance company, or other entity to recover the costs of medical treatment from a personal injury settlement or judgment. It essentially ensures that medical providers are reimbursed for the care they provide to accident victims, even if the victim cannot pay immediately.

For example, if you’re injured in a car accident and need medical treatment but cannot afford the costs upfront, a healthcare provider may agree to treat you under a lien arrangement. This means they will get paid directly out of any settlement or court-awarded compensation you receive.

How Does a Medical Lien Affect a Victim’s Settlement?

Medical liens can significantly impact the amount of money you ultimately take home after a settlement. Here’s how:

1. Reduced Net Compensation:
   Before you can receive your portion of the settlement, liens must be paid. For example, if your settlement is $50,000 and you have $15,000 in medical liens, that $15,000 will be deducted from your settlement before you receive any funds (minus attorney fees and costs).
2. Negotiation Opportunities:
   Personal injury attorneys, like the experienced team at Anthem Injury Lawyers, can often negotiate with healthcare providers to reduce the amount of the lien. This helps maximize your net compensation.
3. Delayed Access to Funds:
   Liens must be resolved before your settlement is fully distributed, which can delay when you receive your funds.
4. Subrogation Claims:
   If your health insurance paid for some of your treatment, the insurance company may assert a lien, known as subrogation, to recover their costs.

Nevada Laws Regarding Medical Liens

Nevada has specific laws that govern how medical liens operate in personal injury cases, which are crucial for victims to understand:

• NRS 108.585:
  This statute allows hospitals and emergency room physicians to place a lien on a patient’s settlement for unpaid medical bills. However, the lien must be properly recorded to be enforceable, including filing with the appropriate county recorder’s office within a specific timeframe.
• Lien Filing and Notice: 

Nevada statute NRS 108.605 requires that the medical provider files a written lien with the county recorder’s office in the county               where the services were provided, and that written notice is sent to the injured party by certified mail.

• Lien Priority:
  Nevada law determines the priority of different types of liens. Medical liens often take precedence over other claims, but an attorney can help navigate competing interests.
• Lien Challenges:
  Under Nevada law, improperly filed or excessive liens can be challenged. Having an experienced attorney ensures that your rights are protected and that liens are valid and fairly negotiated.

Why Choose Anthem Injury Lawyers?

At Anthem Injury Lawyers, we know how overwhelming medical liens can be for car accident victims. That’s why we:

• Handle Lien Negotiations: We work directly with healthcare providers to reduce lien amounts, ensuring you receive the maximum compensation possible.
• Protect Your Rights: Our legal team reviews and challenges improperly filed or excessive liens.
• Navigate Nevada Laws: With years of experience handling car accident cases in Nevada, we understand the legal landscape and how to best advocate for you.

If you’ve been injured in a car accident and have questions about medical liens or your settlement, don’t navigate this alone. Contact Anthem Injury Lawyers today for a free consultation. We’re here to help you get the compensation you deserve while ensuring your financial future is protected.