Angell Law Firm Blog

What is a Medical Lien in an Auto Accident Case?

Posted on April 18, 2011 8:07 pm by Bryce Angell

Medical liens are often created by health providers who treat patients in auto accident cases. The hospital creates the lien when they have not been compensated for the treatment given. In many cases medical providers agree to work on a lien as long the patient’s injury attorney promises to pay the medical provider out of the injury settlement. Generally, when you get into a car accident, the driver who caused the accident is also responsible for the accident victim’s medical bills. Unfortunately, sometimes the responsible person has no insurance and cannot afford to pay for the medical bills. In this situation, you obviously still need to get medical treatment. If you have health insurance then they will be paying the bill for the treatment.

If your health insurer or auto insurance provider pays out money for your car accident injuries and you later recover money that is intended for your medical bills , the insurance company will seek reimbursement. In the insurance company’s eyes, it wouldn’t be fair to allow you to keep that money that the health insurance company paid out. Thus, a medical lien is placed against the case and the lien ensures that the health insurance company will be paid back out of the proceeds of a jury verdict or a settlement.

It is important to know that an experienced personal injury lawyer can often negotiate with the health insurance provider to reduce the bill amount. This way you end up keeping more of your payout from the insurance settlement. This will vary on a case by case basis since medical providers have various polices.

If you receive notice of a medical lien you should contact a Georgia accident lawyer first to find out how best to proceed to maximize your injury settlement. An experienced Georgia injury attorney can help you to deal with the insurance company and maximize the amount of your settlement for your injury case.

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Defective breaking mechanism

Posted on April 12, 2011 10:22 pm by Bryce Angell

Young man incurred serious facial injuries while using a chainsaw with

a defective braking mechanism. The brake failed to stop the chain when

the saw kicked back into his face leaving a severe gash.

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Georgia Workers Compensation and Managed Care

Posted on April 12, 2011 9:48 pm by Bryce Angell

When you are injured in a work related accident and file your workers compensation claim, you will have many questions about how to proceed with your case. Here are some frequently asked questions and answers about managed care and rehabilitation that will be important for your case.

What is the difference between a rehabilitation supplier and a case manager?

The workers’ comp board defines a case manager as someone who manages the case pursuant to the MCO regulated by Rule 208; and the person providing the case management is referred to by the Board as a Case Manager.

All other case management is regulated by Rule 200.1, and the person providing the workers comp case management is referred to by the workers comp Board as a Rehabilitation Supplier.

What is a voluntary rehabilitation supplier?

A voluntary rehabilitation supplier is providing services on a workers comp case that occurred after 7/1/1992 date of accident claim that has not been designated by the Board as catastrophic case.

What is a rehabilitation consultant?

A rehabilitation consultant is a person employed outside of the employer/insurer/third party administrator who is paid/hired by the workers comp adjuster to provide guidance on the employee’s medical and rehabilitation needs.

What is a direct employee of an employer, insurer or third party administrator?

A direct employee of an employer/insurer/third party administrator is person who receives their paycheck and benefits from that particular party. This must be contrasted with the “direct” hiring of a person employed by someone else or self-employed to perform the case management services on behalf of the employer/insurer/third party adjuster.

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MARTA Passengers Taken To Hospital After Atlanta Bus Crash

Posted on April 7, 2011 10:30 pm by Bryce Angell

Recently a Marta bus traveling in Dekalb County, Ga. was involved in a collision that resulted in injuries. At least 13 people were taken to an area hospital after the MARTA bus crashed with an SUV.

Atlanta Marta Accident Lawyer

The MARTA bus accident happened near the entrance of the Indian Creek MARTA station on Redan Road in DeKalb County. According to DeKalb police, an SUV collided with the bus. No information was immediately available on the conditions of the people transported. A MARTA spokesman reported that Dekalb police charged the driver of the SUV with failure to maintain lanes. The driver of the SUV was driving in the wrong lane and caused extensive damage to the MARTA bus.

Among the 13 passengers in the bus was a 3-year old who was taken to the hospital. Children often become injured in car accidents as a result of careless drivers in Atlanta. The Angell Law Firm has successfully represented children who have been injured by the negligence of Atlanta drivers. If you or your child have been injured in an bus or auto accident, call us for a free consultation. We pride ourselves in representing those who need it the most, children who have been injured.

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Accident at school bus stop

Posted on April 7, 2011 3:05 am by Bryce Angell

Young girl was hit by speeding teenage driver while waiting at the school

bus stop. She was admitted to the Children’s Healthcare of Atlanta

with spinal and brain injuries.

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Boy attacked by pit bull

Posted on April 4, 2011 6:14 pm by Bryce Angell

Young boy was attacked by a pit bull resulting in severe lacerations and nerve
damage to his right arm. The bite wounds created permanent scars and
he was no longer able to write in class due to the nerve damage.

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Using Med Pay for Auto Accident Injuries

Posted on April 2, 2011 11:20 pm by Bryce Angell

MedPay or Health Insurance?
A client asked me today if they should use their medical payment coverage (MedPay) or their health insurance for their medical bills resulting from a car accident she was involve in here in Atlanta.

I advised her to use her MedPay for several reasons. One, health insurance often does not cover chiropractic treatment while MedPay almost always does. Second, you are not restricted to the doctors or type of care you select. You can choose the doctor that is most qualified for your type of injury. If you opt to choose a chiropractor then you may continue treatment as long as necessary to get well; up to the limits of your policy coverage.

Remember, Kaiser and other health insurance companies are not known for providing care for “soft tissue” type injuries. I have received many reports from people who go to Kaiser or their regular medical doctors who simply write prescriptions and suggest bed rest for very painful injuries.

One important consideration is that MedPay coverage will greatly increase the chances that you will be fully compensated for your personal injuries. Auto insurance companies do everything they can to avoid paying fair value for your injuries. It should be noted that smaller impact “soft tissue” cases have become increasingly more difficult to get paid full value on. Utilizing MedPay coverage increases the likely hood of a full value for your claim. Since it will cover some, if not all of your entire chiropractic and physical therapy bills, having MedPay will allow you to come out ahead in any injury settlement.

What kinds of bills will MedPay pay?
MedPay should cover medical bills that are reasonably related to and are necessary for the full recovery of the patient who was injured from the car accident. It often covers passengers even if you are in someone else’s vehicle.
What Types of MedPay are There?
The best MedPay coverage is called “Non-Reimbursable MedPay”; There are only a few insurance companies that offer such coverage automatically. For all other carriers you must specifically ask for ”Non-reimbursable MedPay Coverage.” This type of coverage will pay your medical bills after an auto accident and you DO NOT have to pay it back to your insurance company even if you get money from the at-fault driver’s insurance company.

How Much MedPay Should I Have?
If you do not have a health insurance policy in place then you should consider buying the maximum amount of coverage available. The law in Georgia requires you to have at least $25,000 of auto liability coverage to protect others on the road. Does it make sense to have less protection for yourself?

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Waiting to file your injury claim in Georgia could spell trouble!

Posted on March 31, 2011 12:31 am by Bryce Angell

Recently an Atlanta client contacted my office in hopes of retaining legal representation for an injury claim she had against the city library. Fortunately for her, the statute of limitations had not yet passed. There is however, another requirement in Georgia that if not met, could prevent her from filing a claim successfully for her injuries!

The law in Georgia actually prohibits anyone from bringing an action against a municipality or the state without first giving them such notice as provided by the statute, O.C.G.A.§36-33-5. This code section requires all claimants to file a notice of the claim before a lawsuit can filed against that entity. This notice is called an ante litem notice and must be filed within six months of the happening of the event which caused the claim. For actions against the state the ante litem notice must be filed within twelve months of the incident giving rise to the claim.

If you or a loved one has been injured as a result of the negligence by someone employed by a municipal corporation or a state worker, you can contact The Angell Law Firm for a free consultation. Remember, if you wait you could run out of luck!

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