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Law Offices of Shane Smith

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Can I settle my case without knowing about liens?


    In certain circumstances, there can be a lien associated with your case.  A lien is where someone has to be paid out of the settlement.  Some liens are straightforward – for example, a hospital lien.  This is where you were treated at the emergency room and they have filed a lien so they are paid out of the settlement.  Health insurance companies may also try to have liens on your case.  Usually, health insurance does not have to be paid back unless you are “made whole” in Georgia, unless you have what is called ERISA health insurance.  The “ERISA Monster” is an entirely separate type of lien that is very complicated. 

Shane Smith
Advocate for the Seriously Injured in Georgia