Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change over time. Consult a licensed West Virginia attorney before making decisions.
Detailed Answer
Medical providers in West Virginia may file liens to secure payment for treatment after an injury. Those liens can significantly reduce your net recovery in a personal injury case. To protect your client’s interests and maximize the amount they keep, consider these proven strategies:
- Identify Liens Early: As soon as you retain representation, request lien statements from all medical providers. West Virginia law requires providers to file within 120 days of treatment (WV Code §55-7B-5).
- Obtain an Itemized Bill: Ask the provider for a full, itemized ledger. Compare charges to West Virginia Medicaid and Medicare fee schedules to spot inflated or duplicate entries.
- Challenge Unreasonable Charges: Under the West Virginia Medical Providers Lien Act, you can dispute charges that exceed usual and customary rates. Cite WV Code §55-7B-6 to argue for a reduction to reasonable market rates.
- Use Benchmarks: Present Medicare, Medicaid or other insurer rate schedules as evidence. Providers often accept reductions to avoid prolonged disputes.
- Bundle and Consolidate: If you have multiple liens, approach providers together. Offering to settle all liens for a percentage can encourage larger discounts.
- Offer Lump-Sum Payment: A single, immediate payment often motivates providers to reduce their lien by 20–40%. Highlight the certainty and speed of payment.
- Negotiate Based on Comparative Fault: If liability is partially in dispute, use that uncertainty to leverage a lower lien payoff.
- Escrow Funds: Place settlement funds in escrow early. Providers will be more willing to negotiate when they know money is set aside for lien satisfaction.
- Engage a Lien Resolution Specialist: These professionals handle volume and negotiation tactics day-to-day. Their expertise can yield deeper discounts.
- Document Every Communication: Keep detailed records of calls, emails and settlement offers. A clear paper trail strengthens your position if litigation arises.
Helpful Hints
- Start lien negotiations before drafting your settlement demand letter.
- Verify that each provider has proper licensure and a valid lien filing.
- Monitor lien deadlines carefully to avoid losing dispute rights.
- Stay informed about changes to West Virginia’s fee schedules and lien statutes.
- Consider mediation or arbitration if direct negotiations stall.
- Always get written confirmation of any agreed reduction.
- Consult an attorney for high-value claims or complex medical liens.