Hospital Liens After a Crash: How to Keep More Money After a Settlement

hospital liens after a car accident in Woodstock Ga

Hospital Liens After a Crash: How to Keep More Money After a Settlement

hospital liens after a car accident in Woodstock Ga

Hospital Liens After a Crash: How to Keep More Money After a Settlement

If you have been involved in a serious motor vehicle collision or suffered a traumatic brain injury because of a catastrophic accident, the world can seem like it is falling apart. Not only are you dealing with numerous questions and worries, but on top of it all, you now have to worry about your extensive medical bills that keep piling up. Luckily, you have a lawsuit pending that you hope will cover these astronomical bills; but, what if it doesn’t? What if, instead, the hospital ends up with a windfall at your expense, and you are left with virtually nothing?

 

This may seem like an unimaginable situation, but it does occur. Fortunately, we are here to tell you that this does not have to happen to you. In this blog post, we will dive into hospital liens, discussing what they are, what types of problems they can cause, and what you can do to protect the compensation you deserve.

 

Georgia’s Hospital Lien Statute

Under Georgia law, when an individual is injured in an accident and the hospital provides them with medical care, the hospital can file a lien against any cause of action that is related to the injury. A hospital lien is a legal claim that the hospital is entitled to a portion of the money recovered by the patient in any settlement or lawsuit. One important aspect to note about these liens is that they are not a lien on the person but rather a lien on the personal injury action for the expenses related to the patient’s care.

 

A medical lien is allowed for treatment that is rendered to a patient by:

 

  • Hospitals
  • A Physician’s Practice
  • A Licensed Physician
  • Nursing Home Facilities
  • Intensive Care Clinics or Facilities
  • Any individual, authority, firm, or corporation operating as such an entity

 

This medical lien “attaches” when the hospital or the medical provider starts a patient’s treatment and can be filed 75 days after the patient is discharged or 90 days after the patient seeks medical care.

 

Why is a Hospital Lien a Problem For Victims?

Yes, hospitals deserve to get paid for the care they provide. However, these medical care facilities also should provide these services for a reasonable amount. This is where the problem lies. Hospitals usually list prices for every single supply or service that they offer in their chargemaster. Generally, these rates are incredibly high. But most hospitals do not collect these rates, as they give health insurance companies much lower prices. That is why when an individual with insurance is treated at a hospital, the facility does not collect as much money as one might expect.

 

For these reasons, when a lawsuit is involved, the hospital takes it as an opportunity to make up for the funds they have lost out on, and they file a lien for the high chargemaster rates. Even if a victim has health insurance, the hospital may not bill this insurance. Rather, they will file a lien to go after the lawsuit or settlement compensation. Worse yet, hospitals often get away with this practice because patients do not know they can challenge them.

 

Attack The Lien

Whether you endured debilitating injuries in a catastrophic accident, suffered life-long harm in a car accident, or now have permanent damage because of a traumatic brain injury, you need funds to help you get through this challenging time in your life. Do not let this money slip away because the hospital has filed an unreasonable lien. Instead, let an experienced personal injury attorney attack these unfair lien practices.

 

  • Verify Enforceability: When you work with a knowledgeable personal injury attorney, these lawyers know the tricks hospitals play and how they try to get more money from you than they should. That is why one of the first things your lawyer can do is inspect their lien. If a hospital does not strictly comply with the statutory law when they filed their lien, your attorney can attack to strike it down because adherence to the statute is required for the hospital to have an enforceable lien.
  • Reasonable Charges: Your lawyer can also check whether your hospital bill is reasonable. Everyone knows that if an uninsured patient is treated in a hospital or emergency room, they will be left with a hospital bill that is incredibly inflated. That is why your attorney can quickly verify if the services you were charged for are reasonable. They will examine if you were charged for diagnostic testing or actual triage treatment, and whether the services you were charged for match your injuries. If they do not, your attorney can fight these outrageous charges.
  • Negotiations:It is also possible to have your lawyer contact the lien holder and try to negotiate a compromise agreement. Meaning that your lawyer can try to get the lien holder to agree to resolve the lien issue for less than the full amount that was requested.

Dealing with Hospital Liens

If you or a loved one has been injured in an accident, you should be able to get the medical care you need without agonizing about how you will pay for your medical bills. More importantly, you should get charged a fair price for the services you receive and not worry these prices will be inflated because the hospital wants to receive more money from a lawsuit. Luckily, you do not have to go through this stressful ordeal on your own. With the help of an experienced Woodstock Georgia personal injury attorney, you can get the help you need. These lawyers are well-versed in these hospital lien practices and can help verify that the medical bills you received are reasonable, and if a lien is filed, that it strictly complies with Georgia’s statutes.

 

 

 

 

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Woodstock Car Accident Kills One and Blocks Traffic on 575 Southbound

Car Accident Lawyer Woodstock GA

575 Car Crash Kills One and Closes All Lanes in Woodstock Car Crash

Car Accident Lawyer Woodstock GA

A crash on I-575 southbound in Woodstock on Sunday, December 12, 2021, left one dead according to authorities.

While few details regarding the accident have been released, police spokesperson Brittany Page did confirm that the accident was a single vehicle accident and that the accident was fatal. The southbound lanes of I-575 in Woodstock were blocked for nearly two hours while police worked on the accident, causing massive back ups and delays.
Woodstock Police confirmed that the lanes were clear and open just south of Highway 92 at 3:40pm.

 

If you or a loved one have been injured in an accident please contact The Law Offices of Kyle E. Koester at (770) 744-5250. Our thoughts and prayers go out to the victim of this accident, as well as the victim’s family and friends.

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Marietta Car Crash Fatally Injures Pedestrian – Marietta GA

11 Car Pileup Cherokee County

Marietta Car Crash Fatally Injures Pedestrian – Marietta GA 

11 Car Pileup Cherokee County

According to the Marietta Police Department, a fatal accident involving a pedestrian occurred on October 25, 2021, at approximately 8:30 pm. The accident occurred on Cobb Parkway South near the intersection of Trade Center Parkway.

Investigators with the Marietta Police Department have said the accident involved a 70-year-old Marietta resident. The pedestrian was attempting to cross the road outside of a crosswalk and darted out into the roadway directly into the path of oncoming traffic. The pedestrian was hit by a 2010 Dodge Journey. Emergency services were requested, and the pedestrian was rushed to Wellstar Kennestone Hospital by medics. Once at the hospital, the pedestrian passed away as a result of his injuries.

As of October 26, 2021, the crash remains under investigation. Anyone who was in the area at the time and has any information regarding the crash is asked to call the Marietta Police Department’s Selective Traffic Enforcement Program (STEP) investigators at (770) 794-5344.

Everyone at Koester Legal sends their deepest sympathies and condolences to all those impacted by this tragedy.

If you or a loved one has been injured as a pedestrian in car crash please contact the Law Offices of Kyle E. Koester, LLC.

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Several Injured in a 11 Car Collision on I-575 in Cherokee County this Morning

11 Car Pileup Cherokee County

Several Injured In 11 Car Pile Up on I575 

11 Car Pileup Cherokee County

The New Interstate 575 Peach Pass is Convenient for Some, Dangerous for Others.

Early Friday morning, an 11 car pile up occurred in Cherokee County on I575 near Holly Springs causing long delays. Several injuries have been reported, but there are no known fatalities at this time.

The car accident attorneys at The Law Offices of Kyle E. Koester have already received several calls from parties injured in this accident and have opened an investigation into the incident. If you or a loved one were injured in this accident please contact our office immediately at koesterlegal.com or (770) 744-5250.

Please continue to follow our Facebook page for updates on this accident. Our thoughts are with the injured victims and their families and we wish them a full and speedy recovery.

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Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week

Fire Prevention Week

Five Ways to Ensure the Safety of Your Loved Ones this Fire Prevention Week 

Fire Prevention Week

Nobody wants to think about a fire destroying their home and potentially harming their family. This Fire Prevention Week, be sure that your family’s plan for a fire emergency is well practiced and known by all your family members.

 

  1. Ensure everyone in your family knows what the smoke alarm sounds like and the difference between a loud beep (indicating a fire) or a chirp (indicating that the batteries need to be changed right away). All smoke detectors need to be replaced every 10 years.}
  2. Create a home fire escape plan and practice it at least twice a year. Draw a map of the inside of your home and mark where the exits are for each room (including windows and doors).
  3. Make sure that any people with disabilities, older adults or children know the plan and how to get assistance if they need it—use the buddy system! There are special fire alarms to help people with hearing loss who cannot hear the beeping of fire alarms.
  4. Be sure to close doors behind you as you leave to delay the spread of any fire.
  5. Create a meeting place outdoors for the family to go to after leaving the home that is far enough away from your home to ensure safety (a mailbox or road sign).

 

While the colder weather lends itself to bonfires for a nice autumn evening, be sure to follow all county guidelines if hosting a bonfire. Ensure that a water-charged hose is also on hand and ready to be used to extinguish or limit the fire. Always remember to check that it is not too windy to safely have a bonfire.

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Driver Killed in Cobb County, Georgia After Being Shot by Officer

Driver Killed in Cobb County, Georgia After Being Shot by Officer

11 Car Pileup Cherokee County

Via 11Alive – Cobb County, Georgia: On Wednesday afternoon a Cobb County Police Department officer shot a driver, late identified as Devonte Dawayne Brown following a short chase. Cobb County Police Chief Tim Cox stated that Mr. Brown was being pulled over due to erratic driving. Chief Cox stated in a tweet We have now confirmed that this incident began with an officer observing the vehicle driving erratically and posing a threat to motoring and pedestrian traffic in the area…we are thankful no motorists or pedestrians were injured.”

The @atluncensored Instagram account showed four law enforcement vehicles were able to surround the driver and his car, boxing him in. Repeatedly the driver attempted to back up and pull forward, colliding with surrounding cars, as if trying to escape.  Law enforcement officers drew their weapons and aimed them at the driver. An officer fired ~12 rounds at the driver, who was killed.

Chief Cox has confirmed a handgun was recovered at the scene. Georgia Bureau of Investigation has been brought in to assist with the case, which is protocol for shooting incidents involving police.

Schedule a Consultation with Woodstock, GA Personal Injury Attorney Kyle Koester

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law offices of Kyle E. Koester, LLC. Kyle Koester specializes in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). To schedule a consultation, call us at (770) 744-5250 or contact us online. With over 7 years of experience in the personal injury field, Kyle Koester aggressively advocates for his clients to receive the compensation they are owed for their injuries and pain and suffering.

 

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Remnants of Tropical Storm Fred Flood 285 and I-85 in North Metro Atlanta

Remnants of Tropical Storm Fred Flood 285 and I-85 in North Metro Atlanta

Flooding I85 Jimmy Carter Blvd

Via WSBTV Atlanta, Georgia – Heavy rain from remnants of Tropical Storm Fred caused chaos in the morning commute across north Georgia and metro Atlanta on Tuesday morning. Prior to 8 a.m., WSBTV’s Triple Team Traffic reported flooding on Interstate 85 near Jimmy Carter Boulevard in Gwinnett County, Georgia.

A Georgia Department on Transportation camera showed water covering up the first four lanes of the interstate traveling southbound. The water was deep enough to almost cover the tires of SUVs trying to travel on the Interstate. Each passing vehicle created another layer of waves, making the interstate look like a small lake.

Another DOT camera showed a highway emergency response operator (HERO) unit blocking the ramp from I-285 eastbound to Buford Highway in Dekalb County, Georgia. The exit ramp also appeared to be under several inches of water before 9 a.m.

Schedule a Consultation with Woodstock, GA Personal Injury Attorney Kyle Koester

 

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law offices of Kyle E. Koester, LLC. Kyle Koester specializes in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). To schedule a consultation, call us at (770) 744-5250 or contact us . With over 7 years of experience in the personal injury field, Kyle Koester aggressively advocates for his clients to receive the compensation they are owed for their injuries and pain and suffering.

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One Fatality, One Injured After Wreck in Cobb County, Georgia

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One Fatality, One Injured After Wreck in Cobb County, Georgia

Car Accident News Metro Atlanta

Via 11Alive Cobb County, Georgia – One person has been killed, and another injured after a deadly wreck in Cobb County, Georgia on Thursday morning. According to a statement from the Cobb County Police Department, the wreck happened near the intersection of Hurt and Brooks roads at approximately 10:19a.m.

Investigators claim a 2007 black Chevrolet Cobalt was traveling west on Hurt Road and a 2015 Toyota Avalon was traveling east on Hurt Road approaching the intersection with Brooks Road. When the Chevrolet crossed the center line it failed to maintain its lane and drove into the concrete curb and guardrail and then collided with the Toyota.

68-year-old Gail McGill Draper and 66-year-old Cuc Thi Tran were taken to Kennestone Hospital, where Tran was treated for non-life-threatening injuries, but Draper was later pronounced dead at the hospital. Cobb County Police Department claims their Selective Traffic Enforcement Program (STEP) unit is working on the fatal incident, which remains under investigation.

Schedule a Consultation with Woodstock, GA Personal Injury Attorney Kyle Koester

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law offices of Kyle E. Koester, LLC. Kyle Koester specializes in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). To schedule a consultation, call us at (770) 744-5250 or reach out to us online. With over 7 years of experience in the personal injury field, Kyle Koester aggressively advocates for his clients to receive the compensation they are owed for their injuries and pain and suffering.

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A New Georgia Law Changes the Way Drivers Must Approach Bicycles

Bicycle Accident Attorney

A New Georgia Law Changes the Way Drivers Must Approach Bicycles 

Bicycle Accident Injury Attorney Woodstock GA

Using a bicycle to get to and from work or school or as a fun way to burn off some extra calories and see the sights throughout Georgia offers many advantages. Many bike riders, however, have struggled with maintaining a high degree of safety on the roads. In many cases, bicyclists feel unsafe as drivers pass far too close to them, even when they occupy a bike lane or legally occupy a lane of traffic.

A new Georgia law aims to help increase biker safety and increase driver awareness.

The New Georgia Law

  • 40-6-56 (as of July 1, 2021) states:

(a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows: 1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or   (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times.

What Does the New Law Mean For Drivers?

When it comes to passing bicycles safely, the new law means several things for Georgia drivers who must share the roads with cyclists.

Increase Awareness

Thanks to the new law, many drivers will find that they need to pay more attention to the other vehicles around them. Bicycles fit a different visual profile than motor vehicles, which may make it harder for the eye to note them as you head out on the road. However, paying careful attention to bicycles can prove critical to your ability to spot them and keep them safe.

Change Lanes if Possible

If you have the option to change lanes as you approach a bicycle and get in a lane that is not directly adjacent to the bicycle, you should do so. In some cases, however, you may not have the option to change lanes. You may, for example, not have a second lane to move into, or heavy traffic may make it impossible for you to change lanes in time, especially if you wait too long to note the bicycle around you and make the change.

Slow Down

If you note that you cannot change lanes safely, you must slow down as you approach the bicycle. The new Georgia law requires drivers to slow down to at least ten miles per hour below the posted speed on the road to pass a bicycle. If the speed limit is 25 miles per hour or less, drivers can continue at their normal rate of speed while passing the bicycle.

Leave Enough Room

Georgia law has always required drivers passing cyclists to allow at least three feet of room when passing the bicycle.  If you do not have room to move over the yellow line before a car in the opposite lane comes up to you, you may need to slow down behind the bicycle and wait until you have adequate passing room.

Sharing the road safely with cyclists has become increasingly important. Each year, bicycle riders account for about 2.2% of motor vehicle deaths. Over the past several years, Georgia has continued to pass resolutions aimed at creating a higher degree of safety for bicyclists and others on the road. Those resolutions have helped bring down cyclist deaths and injuries–and new laws like this help aid Georgia drivers in maintaining safe roads for everyone.

After a Bicycle Accident: What Should You Do?

As a cyclist, you may spend a lot of time out on the road, surrounded by cars. As vehicles whiz by you, you may feel threatened and unsafe. If one of those unsafe drivers causes an accident, you may end up with serious injuries. As a cyclist, there are several steps you can take to protect yourself following a serious accident.

1. Report the accident.

Like a car accident, a bicycle accident should always be reported to the police. Calling 911 will also summon an ambulance to the scene of the accident, if necessary.

2. Seek medical attention immediately.

Even if you think you sustained little more than bumps and bruises, or perhaps some road rash, you should always seek medical attention following any serious bicycle accident. A doctor can help evaluate and document your injuries, then help you get the care you need. Follow all instructions given to you by medical professionals to help you minimize injury and streamline your recovery as much as possible.

3. Collect evidence, if you can.

If possible, you may want to snap a few photos from the scene of the accident. Do not put yourself in danger or worsen your injuries to do so. You may want to document the driver’s license, his vehicle, and any damage to you and your bicycle.

4. Get in touch with an experienced personal injury attorney.

As soon after the accident as possible, contact a personal injury attorney to learn more about your right to compensation. An attorney can help investigate your claim, give you a better idea of the compensation you should expect, and provide you with more information about how to move forward after your accident.

At The Law Offices of Kyle E. Koester, LLC, we focus on helping our clients understand the compensation they deserve and fighting to maximize that compensation. If you suffered serious injuries in a bicycle accident, particularly due to someone breaking these new laws, contact us today.

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Cobb County Man Seriously Injured after Motorcycle Crash

Cobb County Man Seriously Injured after Motorcycle Crash

Via 11Alive –  Cobb County, GA

Cobb County Police Department’s Selective Traffic Enforcement Program (STEP) is investigating a motorcycle accident that occurred on Sunday, August 8 at East Piedmont Road and Bertha Way.

A black Harley Davidson motorcycle driven by 63-year-old Glen Russell Miller, was traveling north on East Piedmont Road. While approaching the intersection with Bertha Way, Mr. Miler failed to maintain his lane and collided with the concrete curb of East Piedmont Road. Mr. Miller continued to travel north, crossed the curb, collided with the guardrail, and came to an uncontrolled stop in the right lane of East Piedmont Road.

Mr. Miller was separated from the motorcycle and landed on the east shoulder of East Piedmont Road. He was transported to Wellstar Kennestone Hospital with serious injuries. The accident is still currently under investigation.

Schedule a Consultation with Woodstock, GA Personal Injury Attorney Kyle Koester

If you or a loved one are suffering injuries caused by the negligence of another driver, contact the Law offices of Kyle E. Koester, LLC. Kyle Koester specializes in personal injuries from car accidents, truck accidents, and traumatic brain injuries (TBI). To schedule a consultation, call us at (678) 803-2575 or reach out to us online. With over 7 years of experience in the personal injury field, Kyle Koester aggressively advocates for his clients to receive the compensation they are owed for their injuries and pain and suffering.

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