What is the process for satisfying medical bill liens before finalizing a personal injury recovery in CT

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Detailed Answer

What Is a Medical Lien in Connecticut?

In Connecticut, a medical lien lets a hospital or medical provider claim payment from any settlement or judgment you receive in a personal injury case. Connecticut’s hospital lien law appears at Conn. Gen. Stat. § 52-184e (link).

How a Lien Is Filed

Under Conn. Gen. Stat. § 52-184e, a hospital or provider must file a lien with the clerk of the superior court in the town where the treatment occurred. They must do so within 180 days of your last treatment. The lien notice must include:

  • Your name and address
  • The date of injury or accident
  • The amount owed for services

Determining Lien Priority

Hospital liens in Connecticut take priority over other judgments against your personal injury recovery. However, certain insurers may assert subrogation rights under Conn. Gen. Stat. § 38a-451 (link), which can affect how much the hospital ultimately collects.

Negotiating and Satisfying the Lien

Before you finalize any settlement or judgment, you should:

  1. Request a detailed billing statement from each provider.
  2. Review all charges for accuracy and any insurance adjustments.
  3. Negotiate reductions. Providers often accept less than the billed amount, especially when faced with a lump-sum settlement.
  4. Allocate settlement funds. Set aside enough to cover the negotiated lien amount before disbursing the rest.

Releasing the Lien

Once you pay the negotiated amount, the provider must file a lien release with the court clerk. This step clears the title on your recovery so you can distribute remaining damages to attorneys’ fees and personal expenses.

Key Steps to Finalize Your Recovery

  1. Identify all providers with potential liens.
  2. Verify lien filings with the court clerk.
  3. Obtain and review detailed statements.
  4. Negotiate each lien balance.
  5. Include lien satisfaction in your settlement paperwork.
  6. Ensure providers record a lien release.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Speak with a qualified attorney to address your specific situation.

Helpful Hints

  • Track deadlines: liens often expire if not filed within 180 days of treatment.
  • Get everything in writing: confirm negotiated amounts in a settlement agreement.
  • Check with your insurer: subrogation claims may affect your net recovery.
  • Consult an attorney early: they can streamline negotiations and filing requirements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.