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How to Stop "Third-Parties" From Taking Your Settlement Money

Richard S. Lundin
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Personal injury and family law attorney licensed to practice in Maryland and the District of Columbia

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9/25/2018
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A “third party” is someone who is not directly involved in a transaction or matter but claims a benefit from it..
  

In personal injury cases, a “third-party” is someone who is not a party to your settlement with the insurance company, but asserts a lien or subrogation claim against your settlement in order to get a payment from it.

 
Common examples of “third parties” in auto accident and personal injury cases seeking a payment from settlement proceeds include:
 
  • Doctors, Chiropractors and other Medical Care Providers
  • Health Insurance Companies and HMO’s
  • Medicare
  • Medicaid
  • Worker’s Compensation Insurance Companies
  • Your Own Auto Insurance Company (depending which state you live in)
  • Child Support Claims
  • ERISA Plans
  • Union Benefit Plans
  • Disability Insurance Companies
  • Military health benefits
 
If the lien or subrogation right is enforceable, this can dramatically impact your net recovery – i.e., the amount of money YOU personally put in your pocket at the end of the case!  
 
In fact, clients with the same kind of injuries, medical care and total settlement amount, can receive vastly different net amounts based solely on the “third-party” interests that are asserted against the settlement proceeds.
 
Good news:  there are many laws and negotiation strategies that we use to reduce or eliminate liens and subrogation rights that have been asserted against our clients’ settlements, and we are 100% committed to negotiating reductions on your medical bills and any “third-party” lien or subrogation claim so that you keep more money from your settlement.
 
If you want to get a bigger settlement and keep more of the money in your pocket, it’s important to contact us immediately after an auto accident.  The sooner we’re involved, the better settlement we can achieve for you and anyone you refer.  The phone call is always free and there’s no obligation.
  


Category: Auto Accidents

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