Detailed Answer
In Wyoming, you can often negotiate physician or medical provider liens to preserve as much of your settlement as possible. Providers may file a lien against any award or judgment arising from your personal injury claim. While hospitals rely on the Wyoming Hospital Lien Act, physicians in Wyoming typically assert an equitable or contractual lien by filing a notice within 30 days of completing treatment. That lien then attaches to your recovery.
Understanding Wyoming Liens
Hospital Liens: Governed by the Wyoming Hospital Lien Act, Wyo. Stat. § 35-2-901 et seq. (2023), hospitals can claim a lien for treatment related to your injury. See the statute here: https://wyoleg.gov/statutes/compress/title35.pdf.
Physician Liens: Wyoming has no separate statutory physician lien. Instead, doctors rely on written contracts or equitable liens filed in court. Once properly filed, the lien attaches to any settlement or court award.
Why You Can Negotiate
Providers want prompt payment and to avoid the time and expense of enforcing a lien. In practice, many accept a reduced amount—often 20% to 60% of the billed charges—rather than risk zero recovery or court costs.
Key Negotiation Factors
- Billed Charges vs. Collection Costs: Providers weigh the effort and cost of collection against accepting a lower amount.
- Local Fee Schedules: Reference the Wyoming Workers’ Compensation Medical Fee Schedule to benchmark reasonable rates.
- Settlement Value: Your case’s overall value will determine how much wiggle room exists for lien reductions.
- Timing and Certainty: Providers often favor a guaranteed quick payment over potential litigation delays.
Step-by-Step Negotiation Strategy
- Obtain the lien notice and a detailed billing statement.
- Calculate your net settlement after attorney fees, costs, and other liens.
- Draft a reduction proposal explaining your need to preserve net recovery.
- Suggest a realistic percentage reduction (e.g., 40–60% off billed charges).
- Confirm any agreement in writing before closing your case.
Statutory Reference: Wyoming Hospital Lien Act, Wyo. Stat. § 35-2-901 et seq. (2023). View statute.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Wyoming attorney for guidance tailored to your situation.
Helpful Hints
- Review lien notices immediately to preserve your right to negotiate.
- Compare billed charges against the Wyoming medical fee schedule.
- Keep all settlement offers and correspondence in writing.
- Use a lien resolution service if direct negotiations stall.
- Consider a free consultation with a reputable Wyoming personal injury attorney early in the process.