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

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Virginia for guidance on your specific situation.

Detailed Answer

In Virginia, medical providers and health insurers can assert liens against a personal injury recovery to secure payment for treatment. Addressing and satisfying these liens properly is essential before you finalize any settlement or judgment.

1. Overview of Virginia Medical Liens

  • Statutory Authority: Hospitals, physicians and X-ray facilities may file liens under Va. Code § 8.01-66.3 (https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-66.3/).
  • Other Providers: Licensed practitioners (e.g., chiropractors, therapists) use Va. Code § 8.01-66.9 (https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-66.9/).
  • Health Insurer Subrogation: Insurers can demand reimbursement under Va. Code § 38.2-3440 (https://law.lis.virginia.gov/vacode/title38.2/chapter34/section38.2-3440/).

2. Filing and Notice Requirements

To preserve lien rights, providers must:

  • File a verified lien statement in the appropriate circuit court within six months of the last treatment.
  • Mail written notice of the lien to the claimant and any known insurer within ten days of filing.
  • Health insurers must demand subrogation within 120 days after issuing an explanation of benefits.

3. Negotiating and Verifying Lien Amounts

Before settlement:

  • Obtain itemized medical bills and explanation of benefits (EOBs).
  • Compare billed charges to typical in-network rates.
  • Negotiate with providers and insurers for reduced lien amounts.
  • Challenge any duplicate or erroneous charges.

4. Court Approval and Disbursement

At settlement or judgment:

  • File a motion with the court to approve the distribution of settlement proceeds.
  • The court allocates funds to attorneys’ fees, costs, and lienholders in priority order.
  • Pay each lienholder their negotiated or full statutory amount to obtain a lien release.

5. Finalizing Your Recovery

After satisfying all liens and obtaining releases:

  • Disburse the remaining funds to yourself or your case trust account.
  • Keep copies of court orders and lien releases for your records.

Helpful Hints

  • Track all lien filing deadlines and notice dates carefully.
  • Request itemized bills and EOBs early in your case.
  • Negotiate lien amounts; providers often accept discounts.
  • Include lienholders in settlement discussions to avoid delays.
  • File a court motion to distribute funds and satisfy liens.
  • Obtain written releases from each lienholder before disbursing proceeds.
  • Consult a Virginia personal injury attorney to navigate complex lien rules.

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.