Legal Question in Personal Injury in Texas

Our chiropractic office in Louisiana treated a patient for an accident that occurred in Texas. We submitted liens by certified mail to both the insurance company and the Texas attorney that represented the patient, however, I have been unsuccessful in getting either to pay the outstanding bill. The insurance company told me that our bill was included in the settlement to the attorney and that because the plaintiffs had invoked a Stowers Demand they were released from all liens. Is this correct? It has been my understanding that with a lien, the insurance company is required to pay us directly or include us on the settlement, but I am not familiar with Stowers Demands and Texas laws. The attorney's office said they had no record of our lien and that I should contact the patient for payment, however, I have the signed certified mail receipt card proving they received our lien. Who should I pursue for payment?


Asked on 4/26/11, 3:13 pm

1 Answer from Attorneys

Carl Weinkauf Carl Weinkauf & Associates

No, they are giving you the run around. The people you are talking to are obviously not familiar with Louisiana's lien laws, which are much stronger and favorable toward health care providers, the last time I looked. I would be happy to try to help you with this. As you can see from my website, a growing part of my practice is getting doctor's paid. Sincerely, Carl Weinkauf

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Answered on 10/12/11, 2:23 pm


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