Lawyer is waiting for my healthcare provider to waive their claim for reimbursement of medical bills they paid out?

Asked almost 2 years ago - Madison, WI

I was in an accident and my lawyer settled with state farm for 100k and is now waiting for my healthcare plan to reimburse medical payment they paid, my hospital bill was 120k this has been over a month now, just would like to know how long something like this usually takes, my insurance company is gundersen lutheran, will i be waiting a long time? how much longer will i be waiting?

Attorney answers (9)

  1. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . This is a common question on AVVO. The lien resolution can take 30-120 days. It is usually due to delays with the insurance carrier not the attorney.

    I would ask you attorney for a status on the lien resolution for your case.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  2. Sagi Shaked

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . Subrogation claims take time. You don't want to rush your lawyer in this aspect of claim as you want your lawyer to reduce lien as much as possible.

  3. Jason F. Hahn

    Contributor Level 5

    7

    Lawyers agree

    Answered . It usually takes some time, a month is not all that long. If the $100k represents the policy limits of the SF policy and he is having your insurer entirely waive the lien due to the Wisconsin "made whole" doctrine it can take even longer and may require a hearing before the Court. It is typically cheaper and safer if he can negotiate it rather than taking them to Court for what is called a Rimes hearing here in Wisconsin. The delay is nearly always caused by the lien holder, not your attorney. Your attorney should be able yo tell you the current status.

    This answer does not create an attorney-client relationship.
  4. David B Pittman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . It does take time to get get the lien and get the lien negotiated. There is little your attorney can do to rush this process. Have patience and let them get the lien and them hopefully get it lowered so you get more money.

  5. Jeffrey Bruce Gold

    Contributor Level 19

    8

    Lawyers agree

    Answered . Unless the 100k was the maximum amount of the insurance and there were no other assets available to pay the claim, it was a big risk on you and your attorney's part to take that settlement with a 120k insurance lien hanging out there. Usually attorneys have some idea what the insurer will take at the time of settlement. Even so, it can take a few months. There are some providers I'm told that will not negotiate liens and that makes things far more complicated. You should ask your attorney for a status.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Be patient. Your lawyer will need time to reduce it to 5-10 cents on the dollar if he is worth his salt.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    Answered . As stated, may take (significant) time, particularly such a large lien. At some point motion to quash/reduce may be in order.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Agustin Sevillano

    Pro

    Contributor Level 8

    5

    Lawyers agree

    Answered . Unfortunately, this is one of the most time consuming and frustrating jobs of personal injury lawyers. Be patient, in the end, your attorney is trying to put more money in your pocket. That being said, I do like to sit down with the clients and explain the process. Maybe you should ask your attorney for the same.

  9. Larry Van Roberts

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If your attorney has access to the person who can make the decision, It could take one phone call for 5 - 10 minutes. If not, it can take days or weeks for the insurance rep to get approval from their supervisor. If your case is already settled, you may not have much bargaining power with the insurance company to have the subrogation amount reduced since your attorney already has the money. Good luck!

    This response is given solely as a general response to the question and does not create an attorney / client... more

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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