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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under West Virginia law, medical providers such as hospitals, doctors and other treatment facilities may file liens against any personal injury claim, judgment or settlement for charges related to your injury. These liens secure payment for services rendered and attach automatically once certain procedural requirements are met.

1. Statutory Medical Liens (WV Code §55-7B)

The primary statute governing medical liens is West Virginia Code §55-7B. Key provisions include:

• Who may file: Hospitals, physicians and other licensed medical providers. (§55-7B-2)
• Timely filing: Providers must record a lien in the county clerk’s office where your lawsuit is filed within 45 days after treatment is completed. (§55-7B-4)
• Notice requirements: Written notice of the lien must be sent to you and your attorney by certified mail.
• Enforcement: If the lien remains unpaid, providers can foreclose on your settlement by filing suit within one year of the lien recording. (§55-7B-10)

2. Insurance Subrogation and Government Liens

Beyond hospital and physician liens, health insurers (including Medicaid) may assert subrogation or reimbursement rights against your recovery:

• Private health insurers: Plans governed by ERISA often demand repayment of benefits paid. Review your insurance policy for subrogation clauses.
• Medicaid: Federal law (42 U.S.C. §1396k) requires states to seek reimbursement for medical costs from personal injury settlements. In West Virginia this is implemented under WV Code §9-5-4. (§9-5-4)

3. Negotiating and Reducing Liens

Most medical liens can be negotiated. Providers may agree to accept less than the billed amount to expedite payment:

• Work with your personal injury attorney to request a lien reduction.
• Use fair market rates or usual and customary fee schedules as a negotiation baseline.
• Consider mediation or informal dispute resolution if negotiations stall.

4. Settlement Allocation and Disbursement

When your case settles, your attorney will typically prepare a settlement worksheet that allocates funds to liens, attorney fees and costs. You will receive your net recovery only after valid liens are satisfied or resolved.

Helpful Hints

• Document all medical treatment dates and costs to verify lien accuracy.
• Request lien statements early to identify any missing or invalid filings.
• Consult your attorney before negotiating directly with medical providers or insurers.
• Compare billed charges to fair market value when discussing reductions.
• Meet all filing deadlines to prevent providers from losing lien rights.
• Keep copies of all correspondence and certified mail receipts.