Benefits of Medical Care on a Lien Basis
Even car accidents that cause only minor damage to vehicles can cause significant bodily harm. When injury does arise from another person's negligent act, it is critical that medical attention and documentation. But who is going to pay for all those doctor bills? More importantly, when are they going to pay? Lawsuits take time to prosecute and can leave doctor bills piling up! Fortunately, many doctors will provide treatment on a lien basis.
Everyone who drives in California is required to carry liability insurance. Liability insurance protects its owner from legal claims for money damages. For example, where a person acts carelessly and injures another person, the careless actor could owe them money for the bodily harm that they caused. Liability insurance will step in and pay the injured party for the result of the careless act of the other. This is how car collision liability coverage operates. Where a careless driver causes injury to another person out on the roadway, their insurance will step in and pay and/or fight any claims made against that driver.
In order to determine the amount that is owed to the victim, it is necessary to obtain medical treatment and documentation to the affected body parts and/or systems. Once the nature and extent of injury is known and treatment is underway, the claim may then be properly evaluated in terms of money damages. Then a demand can be made to the insurance company to pay. Finally, the carrier will either pay a fair amount or it will challenge the claim. Where the claim is challenged, the victim's attorney will file a lawsuit and commence litigation. And litigation is a potentially lengthy endeavor that often takes years to complete.
With all of these waiting periods involved to prove money damages, it is difficult for a person to plan when they will in fact be paid. Without money, the plaintiff cannot cover the necessary treatment and obtain medical documentation needed to prove their damages. A failure to obtain the necessary evidence to prove damages destroys a case. A failure to obtain needed medical attention can leave one with a debilitating health condition.
To solve the issue, attorneys send their clients to doctors who offer to treat on a lien basis. This means that the doctor provides services to the patient and in exchange is allowed a claim on the proceeds of the patient's personal injury claim/litigation. The doctor will not demand payment of the patient until the patient has money from the lawsuit to pay the doctor.
Treating on a lien basis is beneficial in many respects and does have its drawbacks as well. Some benefits include: 1) Doctor is also interested in causation and not just making the person better. This helps build the necessary medical evidence to win the claim; 2) Doctor provides treatment including needed therapy in a more timely manner because insurance authorization is not required. Some drawbacks include: 1) The doctor is overloaded with patients to account for the risk of having some patient's claims not pan out resulting in taking nothing; 2) Some conditions require the care of advanced specialists who often do not treat on a lien basis.
Are you hurt and need the help of a lawyer to find doctors and obtain needed compensation to medical care? If so, it is important to contact a local auto accident injury lawyer who can advice you of your treatment options. Do not delay in obtaining needed treatment where someone has negligently injured you in an automobile, bus or truck. It is important to get proper legal help to find out who will pay for needed doctor care after a personal injury in a car.
ABOUT THE AUTHOR: Alexander D. Napolin, Esq.
Alexander D. Napolin, Esq. - California Injury Lawyer, is the named partner in Napolin Law Firm. His firm serves the Greater Los Angeles Area, including the Inland Empire, San Gabriel Valley and Orange County. With offices throughout the region, and a main office in Claremont, CA, the lawyers are local to the cities of La Verne, Upland, San Dimas, Pomona, Ontario, Rancho Cucamonga, Chino, Covina, Diamond Bar and Glendora.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.