Wednesday, August 3, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Are my medical bills paid out of my award?


As discussed elsewhere, insurance carriers that have paid medical bills related to an accident, or the providers themselves, will assert a claim, or a "lien" on any amount you are awarded. One of the most important roles your Baltimore personal injury lawyer should fill is as a negotiator of these liens. An experienced Baltimore personal injury lawyer often will be successful in getting the amounts claimed by medical providers, and in some instances, insurers who have paid medical bills, reduced- meaning more money in your pocket. For example,  Section 11-112 of the Courts and Judicial Proceedings Article provides that a health insurer with a certificate of authority in Maryland must reduce their lien proportionally to the attorney's fees, to a maximum of 33%. The question of whether this limitation is preempted by federal law [ERISA] is beyond the scope of this chapter.

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