Disclaimer: This article provides general information about Mississippi law and does not constitute legal advice. Consult a qualified attorney for guidance about your situation.
Understanding Medical Liens in Mississippi Personal Injury Cases
In Mississippi, medical providers can secure a lien on your tort recovery for services related to a personal injury. This lien ensures they receive payment before you finalize your settlement. Common lien holders include hospitals, physicians and rehabilitation centers.
Mississippi Statutes Governing Medical Liens
Mississippi Code Annotated § 11-43-1 grants medical practitioners a lien on “any tort or contract recovery” for services rendered. See Miss. Code Ann. § 11-43-1. Under § 11-43-11, lien claims cannot exceed 50 percent of the gross recovery after expenses. See Miss. Code Ann. § 11-43-11.
Step-by-Step Process to Satisfy Medical Bill Liens
- Identify all lien holders. Compile a list of every provider with a medical lien, including hospitals, doctors and therapists.
- Verify lien validity. Request a written lien statement. Confirm the provider filed the lien correctly under state law.
- Obtain an itemized billing statement. Ask each provider for a detailed invoice. Compare this to insurance payments and out-of-pocket costs.
- Negotiate reductions. Contact providers to discuss reducing balances. Many will accept a percentage of the billed amount to clear the lien.
- Secure lien release letters. After payment negotiations, request a formal lien release. This document confirms full satisfaction of the debt.
- Finalize the settlement. Work with your attorney or adjuster to deduct lien amounts from your gross recovery. Ensure each lien holder receives payment before you receive net proceeds.
Common Challenges and Solutions
Disputes often arise over billing errors or inflated charges. If a provider resists negotiation, review your insurance Explanation of Benefits (EOB) to spot overcharges. You can file a motion with the court to resolve contested liens.
Helpful Hints
- Track all medical and billing records from day one.
- Keep copies of insurance EOBs to verify payments made.
- Communicate in writing when negotiating with lien holders.
- Get all agreements and releases in writing before finalizing any payment.
- Consult an attorney promptly if lien disputes threaten your recovery timeline.