Personal Injury Settlement Obstacles: Medical Liens, Child Support, CMS Reporting and More

Settlement is an excellent tool for resolving personal injury claims, but obstacles commonly arise during negotiations that can delay (or entirely prevent) a settlement deal. To reach a successful settlement agreement, attorneys must learn how to identify those obstacles and how to address them.

Some of the most common obstacles include Medicare mandatory insurance reporting, Medicare/Medicaid liens, medical liens, apportionment/contribution/indemnity issues, child support liens, health insurance carriers' rights of reimbursement or subrogation, ERISA plans, assignment of settlement proceeds to medical providers, and lawsuit loans.

Often, these issues affect the lump-sum that the plaintiff will receive from a settlement. If these obstacles are uncovered during negotiations, then it can often delay or even completely derail settlement discussions. Attorneys must understand how to spot these issues early enough in the claim to have all necessary information before a mediation (or other negotiation discussions) to avoid delaying the agreement.

Listen as our distinguished panel discusses tactics for attorneys to draw out important facts about outstanding liens or other settlement obstacles early on, as well as strategies for obtaining necessary documentation from CMS, Department of Child Services or other agencies. The panelists will also provide guidance on how to negotiate around these obstacles and ensure that settlement documents properly account for any lien payments or CMS reporting requirements.

1. Overview of common obstacles to settlement in personal injury cases
2. Discussion of how to structure discovery efforts to learn about potential settlement obstacles early on
3. Strategies for obtaining necessary information from healthcare providers, CMS, child services and more
4. Best practices for drafting and reviewing settlement documents involving liens, MSAs or other wrinkles

The panel will review these and other relevant topics:

• What are common obstacles to settlement in personal injury claims?
• How can attorneys learn whether potential obstacles to settlement exist in their case?
• If a potential obstacle is discovered, how can counsel resolve the issue to facilitate settlement?
• What is language needs to include in settlement documents to ensure that any liens or CMS issues are handled properly?