Detailed Answer
In New Hampshire, medical providers can file liens against your personal injury settlement under RSA 415:6. These liens ensure that hospitals, clinics, and other providers receive payment for treatment you received due to an injury caused by someone else. Here’s how you satisfy those liens before finalizing your recovery:
- Identify All Lienholders. Collect billing statements and check court records to spot every provider with a potential lien. This includes emergency rooms, specialists, imaging centers, and rehabilitation clinics.
- Verify Lien Amounts. Request itemized statements and confirm balances. Compare bills against insurance payments, including Med Pay or health insurance, to avoid overpaying.
- Negotiate Reductions. Many providers accept a percentage of billed charges. Use the threat of delaying their payment to encourage discounts. Do this in writing and get any agreement in writing.
- Obtain Lien Waivers or Satisfaction Letters. Once you pay the negotiated amount, ask each provider for a satisfaction letter or partial waiver. This document proves the lien has been satisfied and clears the way for distribution of your settlement funds.
- Allocate Settlement Funds. Your attorney or claims administrator will deduct the settled lien amounts before distributing the remainder to you. Ensure your settlement statement lists each lien payment separately.
- File Releases. With satisfaction letters in hand, file any required releases with the court or opposing party. This final step removes potential claims against your recovery and lets you close the case.
Helpful Hints
- Keep detailed records of all medical care, billing statements, and communications with providers.
- Act promptly: many medical providers file liens within weeks of treatment.
- Work with a personal injury attorney familiar with New Hampshire’s lien statutes to protect your interests.
- Double-check that your health insurer or Medicare/Medicaid has adjusted or paid eligible charges before negotiating.
- Retain all waiver or satisfaction letters in your permanent file in case disputes arise later.
Disclaimer: This article provides general information about New Hampshire law and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.