Legal Question in Personal Injury in California
Medical Lien
I was in an automobile accident 4 years ago. My attorney told me that all of the medical providers were paid. I have now received notice from one of the medical providers that they were not paid. The case settled 3 years ago. Is the attorney responsible for this? Is there a statute of limitations for their lien?
Thank you.
2 Answers from Attorneys
Re: Medical Lien
It is possible that the medical provider never had a lien on the case, in which case the bill would be your responsibility. If there were a lien, then the attorney would be responsible for paying and negotiating it. If you are unsure, check with the attorney. Since a written lien is a written agreement, the statute of limitation would be four years in California.
Re: Medical Lien
IF the attorney signed a lien promising to pay the money from recovery, he has some responsibility in this matter. If he did not sign a lien, you are legally responsible for the bills, but have an argument that you relied on his assurance they were paid in taking the settlement and recovery. Demand the provider give you a copy of the lien if it exists, then call the attorney. You could file a fee dispute with the local bar association if he is responsible but does not reasonably resolve it. Statutes of Limitations are probably 4 years from the services and billing date, so it may be too old for them to collect on anyway.