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

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. 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 provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  2. 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. 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.


  4. 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


  5. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  6. 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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  7. 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.


  8. 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. 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 relationship between the questioner and responder.

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