Auto Accident Lawyer Helps Client Fight Low Settlement, Unfair Liens
Our client was driving her Ford Focus station wagon on a highway near Eugene, Oregon. She was driving in the right lane but saw her planned left turn up ahead. She used her turn signal to move into the left lane in plenty of time to make her turn. There was no turn lane, and she had to come to a complete stop to wait for a break in oncoming traffic. A car behind her changed to the right lane to avoid stopping, and the driver in the car behind that one failed to see our stopped client. The other driver rear-ended our client at a high rate of speed, and she suffered serious neck and back injuries that required extensive medical treatment.
When she filed a claim for her medical expenses, our client ran into problems. The at-fault driver’s insurance company cited our client’s age – 76 – and pre-existing conditions of osteoporosis and degenerative arthritis as their reason for offering an absurdly low settlement. Additionally, Medicare placed a significant lien on her prospective settlement. Whenever a personal injury victim receives Medicare benefits for his or her treatment, Medicare has a right to recover those payments. In our client’s case, however, the Medicare lien included charges for non-accident-related medical expenses. Faced with expensive medical bills, the low settlement, and the Medicare lien, our client knew she needed the help of an expert auto accident personal lawyer.
Immediately upon taking her case, I requested her medical records from the past five years, which I used to show to the insurance company that she had never received medical treatment for neck or back injuries. Next, I thoroughly reviewed the Medicare lien and was able again to use the medical records to prove that some of the medical expenses listed on the lien was not accident-related.
I negotiated with the insurance company for a fair settlement and achieved the removal of the non-accident related payments from the Medicare lien, allowing our client to keep more of her settlement. She was very happy with the outcome.
If you’re dealing with an insurance company that won’t settle for a fair amount or with unfair liens on your settlement, we can help. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555