After a car accident, you could face a lifetime of disability, financial stress and pain and suffering. If you are over the age of 65 and on Medicare, then you may not have the money you need to pay all of your medical expenses and long-term care costs. Thus, filing a personal injury lawsuit against the negligent driver could help. However, you may worry that any existing Medicare and Medicaid liens will erode your settlement. What can you do? Can a Hartford personal injury attorney help?
Fortunately, the answer is yes. An attorney can help you identify what liens may affect your injury settlement or award. Usually, your Hartford injury attorney can negotiate and reduce your Medicare and Medicaid liens. However, before choosing the best course of legal action, you should understand the basics of how Medicare and Medicaid liens can affect Connecticut personal injury cases.
What Are Medicare and Medicaid Liens?
A lien is an amount of money paid to someone else after you receive a settlement or judgment. Often times, companies place liens on a settlement to get reimbursed for expenses they paid after your accident. It is similar to a bill for services rendered.
In Connecticut, the law prohibits insurance companies from placing liens on personal injury cases. Even if an insurance company paid your medical expenses after an accident, they cannot place a lien on your settlement or judgment.
Unfortunately, Medicare and Medicaid operate under different rules. Both federal and Connecticut law allow Medicare and Medicaid to place a lien on any amount of money you recover. Under federal law, the Centers for Medicare and Medicaid Services have the right to recover payment.
After filing a claim, your Hartford injury attorney must notify Medicare and Medicaid that you are seeking recovery. Each of these programs will then evaluate your case and determine if they wish to place a lien to collect money they have already paid.
Finally, you should know that not all Medicare plans can place a lien on a personal injury case. Medicare supplemental health plans, known as Medigap insurance, cannot place a lien. This is due to Connecticut law treating Medigap insurance plans like private health insurance plans. As such, they do not have a right to recovery.
Contact Our Hartford Personal Injury Attorneys
If you are filing a personal injury claim after an accident, then you may have questions about Medicare and Medicaid liens. At Polinsky Law Group, LLC, our Hartford personal injury attorneys will attempt to answer those questions during a free consultation. We offer personalized and complete legal assistance every step of the way. Let a Hartford injury attorney give you the dedicated attention you deserve after a serious car accident. Call us today at 860-248-7807 or fill out our confidential contact form for more information.