If you have been in a serious accident and were hospitalized or received medical treatment because of your injuries, you likely have medical bills. Did you know that if you were to collect from the other driver’s car insurance you might have to pay a portion of that settlement to your medical providers? Under North Carolina law, a medical provider has a valid lien from a settlement or judgment where:
1. The medical provider furnishes all medical record requests to the plaintiff or plaintiff’s attorney free of charge;
2. The medical provider furnishes all medical bill requests to the plaintiff or plaintiff’s attorney free of charge; and
3. The medical provider gives an affirmative written notice of the lien to either you or your attorney.
If the medical provider does not do all of those things then they do not have a valid lien in North Carolina. If a medical provider does have a valid lien then at the resolution of your case any valid lienholder must be paid a portion of your settlement or judgment. Please call us if you have any questions about your responsibilities as it relates to medical liens.