Legal Question in Personal Injury in California
What is the Statue of Limitations on Personal Injury Liens?
Patient is injured 10/07/96.
Patient signs Personal Injury Lien 03/27/97.
Last date medical services provided 03/18/97.
Personal Injury lawsuit is thrown out of court 12/13/00.
Medical Provider discovers status of case 01/15/02.
Patient is issued a Courtesy Credit Adjustment 03/26/02 in an attempt to obtain payment.
Patient claims the 4 year statue of limitations has run out.
Question #1:
Does the statue of limitations start to run on the date of injury, the last date of service, the date the lien was signed, the date the case was thrown out of court, the date the provider discovered the case had been thrown out or the date the provider issued the Credit Adjustment?
The lien states: That the lien is for providers protection and is for consideration of provider waiting for payment and that patient understands that payment is not contingent on any settlement, judgment or verdict where patient may recover provider's fees.
Question # 2.
If the lien does not extend the statue of limitations until the conclusion of a case, can the lien contain an agreement by the patient to waive the statue of limitations?
1 Answer from Attorneys
Re: What is the Statue of Limitations on Personal Injury Liens?
Wow. Its not easy and I do not have a definitive answer. If I were the HCP (health care provider) I would argue a duty to notify. And that discovery should start the s/l. Once might even sue in tort, not contract on that duty.
JOEL SELIK
www.SelikLaw.com
800-894-2889
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