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Health Insurance Liens / Subrogation

• If your private health insurance paid for treatment, they may seek reimbursement (called subrogation) from your settlement.
• Governed by contractual provisions in your policy and federal law (if ERISA applies).

Medicaid Liens

• Medicaid has an automatic lien by law on injury-related settlements.
• Governed by federal law  and Mississippi Medicaid regulations.
• Medicaid must be notified of any settlement, and they will provide a final lien amount.

Medicare Liens

• Medicare also has a statutory right of recovery.
• The Centers for Medicare & Medicaid Services (CMS) must be notified of a claim.
• Failure to resolve Medicare liens can result in penalties and personal liability for attorneys or plaintiffs.

Workers’ Compensation Liens

• If your injury also involved workers’ compensation benefits, the workers' comp insurer may have a statutory lien against your third-party recovery.

• Right to Challenge or Reduce: You or your attorney may negotiate or challenge the lien amount, especially if:
  
  • The settlement is small relative to medical bills,
  • The treatment was not related to the injury,
  • The charges are excessive or unreasonable.

• Attorneys are ethically and legally required to satisfy valid liens from settlement proceeds.

• If they ignore a lien, they and the client could be held liable.

• Identify all potential liens early.
• Negotiate reductions where possible—especially with Medicaid or providers.
• Get final lien letters in writing before disbursing funds.

In a personal injury case in Mississippi, liens can significantly affect the final amount a plaintiff actually receives after a settlement or verdict. A lien is a legal claim against part of your settlement by a third party who helped pay for your treatment or has a financial interest in your case.

If you have been injured, don't wait to get the legal help you need. Contact us today for a free consultation. We are available 24/7 to help you.