Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.
Detailed Answer
Understanding Nevada Physician’s Liens
Under Nevada law, a health care provider who treats an injured person may assert a lien against any recovery in a personal injury claim. A valid lien requires filing a written notice in the county recorder’s office where the claim is pending. See NRS 40.463. The lien covers the reasonable value of services rendered, not to exceed the provider’s usual charges. The lien attaches to any settlement or judgment after the provider properly records its notice. See NRS 40.467.
Negotiation Strategies
You can negotiate the lien amount to increase your net recovery. Start by requesting a detailed statement of charges and confirming the lien’s validity and scope. Many providers expect some negotiation, especially in personal injury contexts.
Follow these steps:
- Gather all medical bills, the recorded lien notice, and proof of payment obligations (insurance benefits, out-of-pocket payments, etc.).
- Contact the provider’s billing department in writing. Explain your settlement timeline and request a reduced lump-sum payoff. Offer to pay promptly upon settlement.
- Propose a specific discount or flat amount. Common concessions range from 20%–50% off billed charges in exchange for immediate payment.
- Get any agreement in writing. Obtain a lien release or satisfaction to file with the court and opposing counsel.
- Allocate settlement funds accordingly. After paying negotiated liens, you maximize the amount you bring home.
Helpful Hints
- Review the recorded lien notice date to ensure it has priority over other claims.
- Check that billed charges reflect only reasonable and necessary care.
- Document any financial hardship to support your discount request.
- Communicate early—providers are more flexible before they see large settlement funds.
- Request a full release of lien upon payment and file it immediately with the court.
- Consider consulting a personal injury attorney to assist with lien negotiations and settlement distribution.