Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you reach a personal injury settlement in Wyoming, several liens may attach to your recovery. A lien gives certain parties a legal claim on your settlement to recover money they paid for services or benefits related to your injury.
WY Hospital Liens
Under the Wyoming Hospital Lien Act, a hospital can file a lien against your settlement for unpaid services. See Wyo. Stat. § 33-29-101 et seq. (https://wyoleg.gov/statutes/compress/title33/chapter29).
Medicaid Liens
If Wyoming Medicaid covered your medical care, the state has a lien right and subrogation claim on your settlement. See Wyo. Stat. § 42-4-101 et seq. (https://wyoleg.gov/statutes/compress/title42/chapter4).
Medicare Liens
Federal law requires Medicare to be reimbursed from settlements when it paid for injury-related care. See 42 U.S.C. § 1395y(b)(2). Your attorney must address this lien before or at settlement.
Workers’ Compensation Subrogation
If you received workers’ compensation benefits, the insurer can seek reimbursement from your third-party recovery. See Wyo. Stat. § 27-14-104 (https://wyoleg.gov/statutes/compress/title27/chapter14).
Medical Provider Liens
Some medical providers assert an equitable lien on your settlement for unpaid treatment. Wyoming courts may enforce such liens under common law rather than statute.
Attorney Charging Liens
Wyoming common law grants your attorney a charging lien on your recovery to secure unpaid fees and costs. You and your lawyer should agree on fees in writing to minimize disputes.
Helpful Hints
- Track all medical expenses and benefits received.
- Notify Medicaid and Medicare early to avoid last-minute claims.
- Discuss lien resolution strategies with your personal injury attorney.
- Request lien reductions or negotiations when possible.
- File or object to liens within the deadlines set by statute or court rule.
- Keep copies of all lien documents and related communications.