Medical bills can be extremely expensive, especially if you’ve suffered injuries at the fault of someone else. The financial burden of them can add up to tens or even hundreds of thousands of dollars. Figuring out how to pay for your care while recovering and being unable to work can be terrifying. Depending on your circumstances, a medical lien may be an option for you.

Here is some basic information about medical liens, how they pertain to personal injury cases, and more. 

What Is A Medical Lien?

Liens are the legal right of creditors to be repaid for debts through access to the property and/or assets of the debtor. There are many different types of liens, from tax liens to judgment liens to what we will discuss in this blog, medical liens.

A medical lien is a legal document that promises the hospital that you will pay back your medical bills once the personal injury settlement comes in. The at-fault party will be responsible for paying back your medical bills as part of the compensation in the settlement.

Your personal injury attorney will advise you as to whether or not a medical lien is advisable for you and your specific situation. In most personal injury cases, medical liens are unnecessary.

How Do Medical Liens Work?

Medical liens are usually arranged by the victim’s attorney when the victim doesn’t have health insurance and needs to obtain medical treatment. Continuing treatment is important for recovery and for the sake of your case, to show that your injuries were serious. Some doctors are willing to continue treatment without a lien, while others are unwilling to accept liens. Your lawyer will advocate for you in order to ensure the best results possible to help you in your specific circumstances.

The individual or entity responsible for causing the accident/the victim’s injuries can be held accountable to cover the victim’s damages, medical expenses included. However, personal injury claims can take time – and medical bills still need to be paid in the meantime. Medical liens enable you to get medical bills temporarily paused while you wait for your settlement, so you can avoid having to pay with your own funds or having your medical bills sent to collections.

Medical liens can be filed whether or not health insurance covers some of your medical bills. However, the hospital or doctor’s office may not accept payment from the insurer if you’ve filed a claim, because many insurances cover costs at a reduced rate, which would cause the healthcare providers to lose money, if they know that they could charge the total amount and receive it from the settlement. A personal injury attorney can protect you from being taken advantage of by profit-driven systems.

Are There Risks Associated With Medical Liens?

Yes, there are definitely risks with giving your healthcare providers medical liens. For instance, if the case does not settle for its full value, the entire settlement the victim receives may go to medical bills. The healthcare provider is also at risk in these cases, because if the victim is not awarded any money, they will not get paid from the settlement. 

This is less than ideal for both the victim and the healthcare provider, as the bills need to be paid eventually. If worst comes to worst, contracts could be negotiated and renegotiated. As sending the victim to collections or taking them to court would yield less money, the lienholder is typically open to negotiating, such as by reducing the owed amount or agreeing to a payment plan.

There is a big difference between insured and uninsured victims. Liens are voluntary agreements, so it’s important for all parties involved to understand the complexities of the situation. No party is forced to accept a lien.

How Come Insurance Can Take A Share Of Your Settlement?

If you file a personal injury claim and win, it may seem unfair that your insurance can then demand that you pay them back for what they paid for your treatment. After all, you’re spending all this money to have insurance. Perhaps you’re thinking that it doesn’t seem right that they can get their money back from your settlement. 

This frustration is understandable. However, insurance companies may be entitled to recover their payments from the proceeds of the settlement, based on what the subrogation clauses in your insurance contract are. In many states, accident victims do not have to repay their health insurance company, unless they obtain full compensation for their injuries. Personal injury attorneys negotiate with insurance companies to ensure you receive optimal results.

Do You Want To Pursue A Personal Injury Claim?

In order to know whether or not you have a case, you’ll want to consult with a personal injury attorney. They will be able to advise on the best course of action to take in your specific circumstances. This includes whether or not a medical lien would be a good option for you or not. 

LeBaron & Jensen provides personal injury representation. Contact us today to schedule a case consultation to see what we can do for you.

If you’re injured as a driver in an auto accident, then you have to worry about whether you shared fault in the accident and more when pursuing a personal injury claim. But what about if you’re injured as a passenger in an auto accident? Whose insurance do you file a claim with? Can passengers share fault in an auto accident? What are your options?

Here are some basics about liability as a passenger in an auto accident. As with all of our blogs, this isn’t legal advice, but basic information that may or may not be applicable to you. For legal advice, you will need to schedule a consultation with a personal injury attorney near you. 

Who Do You File A Claim With If You’re Injured As A Passenger?

If you’re a driver, then dealing with the aftermath of an auto accident may be more clear-cut, depending on the circumstances. But if you’re a passenger, you may be at a loss, especially if it’s found that you didn’t share liability in the accident. Do you file a claim with the driver’s insurance? What about the other driver? Or do you stick with your own?

Especially in circumstances where the driver of the vehicle you were a passenger in was close to you, you may be reluctant to file a claim through their insurance, even if they were at fault for the accident, for fear of causing bad blood.

Whose insurance you file a claim with if you’re injured as a passenger in an auto accident will depend on the circumstances of the accident. You can file a claim with your own insurance, with the driver’s insurance, and/or with the other driver’s insurance. Depending on the circumstances of the accident, other parties may be involved. An attorney would be able to help you determine the best course of action for you.

Can A Passenger Be Liable In An Auto Accident?

Yes, there are circumstances in which the other people in the car played a role in the accident. Perhaps the driver was trying to stay focused on the road, but passengers were being rowdy or trying to antagonize them.

Some of the ways in which a passenger may be liable for or share liability in an accident include the following.

• Encouraging or enabling the driver. This can include forcing a fatigued or intoxicated driver behind the wheel as well as pressuring the driver to engage in or egging on dangerous behavior.
• Distracting the driver. The driver’s primary focus should be on the road. However, passengers may distract the driver through rowdy behavior, fighting, trying to show the driver something on their phone, and more.
• Trying to control the car. If the passenger tries to control the car, such as by grabbing the steering wheel or pushing on the brake or gas pedals, they can be liable for an accident.
• Giving the driver incorrect information. This includes intentionally failing to notify the driver of road hazards as well as situations like telling the driver it’s safe to back up when there’s actually a car going by.
• Coercing the driver into taking drugs and/or alcohol. The driver shouldn’t take these things if they know they are going to be driving, but people shouldn’t try to force them to if they know the person will be driving either.

These are a few cases in which a passenger can be at least partially liable for a car accident. 

What Happens If A Passenger Shares Liability In An Auto Accident?

If a passenger is found to have liability in an auto accident, then there are cases in which the other parties involved, such as the driver, the other driver, and others involved in the accident may be able to recover damages from the at-fault passenger.

Have You Been Injured As A Passenger In An Auto Accident?

If so, schedule a case consultation with a personal injury attorney, such as the experts here at LeBaron & Jensen. If you’ve been injured due to someone else’s negligence, we can help you recover the damages due to you. Contact us today to schedule your free case consultation and let us see what we can do for you.

While the first bus injuries that come to your mind may be associated with accidents like if a bus gets hit by or hits another vehicle, people can also suffer injuries when boarding or disembarking a bus. 

Here, we’ll go into some of these bus injuries, how they can occur, some preventative measures you can take, and what you should do if you’ve been injured when boarding or disembarking a bus. Let’s get into it. 

Are Bus Injuries More Severe?

Injuries resulting from bus accidents can be more serious than injuries from other types of accidents, depending on the circumstances of the accident. For example, the size and weight of the bus itself, as well as the fact that buses typically carry more people than passenger vehicles, are some factors that can increase the severity of an accident.

What Causes Bus Accidents?

Bus accidents can occur for all sorts of different reasons. Three common factors contributing to bus accidents include: driver error, mechanical failure, and external factors. A driver may not be as observant as they should be, the bus may not be well-maintained, or other drivers or factors like poor road conditions can all cause bus accidents.

As buses are usually slower than other traffic and on the road during rush hours, other drivers may not have the necessary patience to handle being around buses, which can result in reckless, dangerous behavior. However, bus drivers can also be careless, such as when they are fatigued or simply not focused enough. Sometimes, even if everyone on the road is being as mindful and careful as possible, weather conditions, such as ice on the roads, can lead to accidents.

What Causes Injuries While Boarding Or Disembarking A Bus?

Most injuries people suffer while boarding or disembarking a bus are minor, consisting of scratches and bruises, such as from roughhousing young people. Such minor injuries are usually nothing noteworthy. However, aside from horsing around, some other factors that can result in injury while boarding or disembarking a bus include:

• Slips and falls
• Sudden stops and turns on the bus
• Lack of consideration for passenger safety
• Reckless maneuvers
• Missing or broken handrails
• Malfunctioning doors
• Wet, slippery stairs/platforms
• Broken pavement or curbs
• Broken stairs
• People attempting to get on the bus before passengers have finished getting off
• The bus driver leaving before people have finished boarding
• And more

All of these and more can take something simple, like getting on and off a bus, into something hazardous. The bus driver and the parties responsible for maintaining the bus are responsible for ensuring that getting on and off the bus is as safe as possible. People must also exercise common sense and basic courtesy to others in order to reduce the risk of injury. 

What Injuries Can You Suffer When Boarding Or Disembarking A Bus?

You can suffer all sorts of injuries. While minor injuries, such as scrapes and bruises, are most common, if the incident was serious enough to qualify for a personal injury claim, more severe injuries can occur, such as brain injuries, broken bones, and even death in the worst case scenarios.

Who Is Liable For Injuries From Getting On Or Off A Bus?

Depending on the circumstances of your injury while getting on or off a bus, you may or may not be able to pursue legal action. In order to take legal action, it would need to be proven that someone else’s negligence led to your accident. Multiple parties can be found responsible, as well.

If the bus driver started driving before you were finishing getting on or off of the bus, then they may be found liable, as can their employer. If the bus itself had issues, such as missing handrails, and the company didn’t repair the problem in a timely manner, the company could be held liable. If broken pavement contributed to the accident, a government agency may be liable. If another person pushed you, they could be liable.

In order to sort out liability in your specific circumstances, you will need to work with a personal injury attorney. It may not always be clear who was liable, or if multiple parties were liable.

Tips For Avoiding Injury While Getting On Or Off Of A Bus

While you cannot control what others do, there are some actions you yourself can take in order to make your public transportation experience a bit safer. Some of these actions are as follows:

• Getting to the bus stop early, so as to avoid rushing
• Waiting until the bus has come to a complete stop and opened its doors before approaching it
• Waiting until all passengers have gotten off of the bus before attempting to get on
• Being mindful of your step and the conditions, such as if rainy weather may have contributed to slippery stairs
• Not getting out of your seat until the bus has come to a complete stop
• Moving away from the bus to the sidewalk and waiting for the bus to depart before trying to cross the road
• And more

These are but a few of the ways in which you can be more mindful, which can help keep everyone safer.

Have You Suffered Injuries While Getting On Or Off Of A Bus?

If so, you may have a personal injury case on your hands. Consulting with a personal injury attorney will let you know whether or not you can make a claim. If so, they will focus on obtaining justice for you so that you can focus on healing from your injuries.

LeBaron & Jensen provides personal injury representation. Contact us today to schedule a free case consultation and let us see what we can do for you.