In a recent tragic case, SMLH attorneys were able to maximize the client’s recovery while avoiding substantial medical liens.
A 56 year old husband and father was severely injured in an automobile accident in 2010. He lived for over five months after the accident before eventually succumbing to his injuries. During that time, he accrued almost $600,000.00 in medical bills. Some or all of those medical bills would normally have to be paid back out of any recovery in a negligence action. However, while the facts of this case allowed for filing both a “survival action” on behalf of the decedent’s estate, as well as a “wrongful death” action by his heirs, SMLH chose to file only a wrongful death action on behalf of his daughter. They then settled the claim with the entire insurance settlement being paid to the daughter thereby avoiding the liens as there was no recovery by the decedent’s estate and the daughter had no legal obligation to pay the medical bills incurred by the father.
Although nothing can bring back a lost loved one, SMLH was gratified to be able to recover the maximum amount available for his surviving child while avoiding a significant reduction of the award for payment of liens.
Personal injury claims can be complex, especially when liens are involved. If you suffer serious injuries as a result of someone else’s negligence, please contact the attorneys at SMLH for assistance with your claim.