An accident victim’s health care costs pile up fast. For those who are fortunate enough to have good insurance, a lot of the bills will be paid by an insurance company.  

The victim’s health insurer always expects the victim’s attorney to recover the health care costs from the wrongdoer, and to pay back the insurer. The insurer protects its legal right to repayment by filing a lien against the proceeds of the client’s lawsuit. 

After the lawsuit is settled, the liens must be paid. Frequently the insurer will accept less than full amount of the lien, allowing the client to keep the rest.  But that has to be negotiated, and each lien is different. Negotiating with the lien holders on my client’s behalf is an important part of my job.

One of the first questions an attorney should ask, if she doesn’t already know it, “When did the accident occur?” The reason: the time for filing a claim is not unlimited. The limits are known in legal speak as “statutes of limitations”. The law provides a cut-off date for when a claim can be filed. The date will vary based upon many factors including the type of claim (personal injury, sexual molestation, medical malpractice) and the place the injury occurred. 

Generally, in California, the following limits apply:

– personal injury against a town or governmental agency – 6 months

– medical malpractice – 3 years

– personal injury or wrongful death – 2 years

– personal injury or wrongful death related to defect in construction – 4 years

For that reason it is important not to delay talking to an attorney about your potential claim.