One of the great tools in a plaintiff lawyer’s arsenal in Illinois is the Health Care Services Lien Act, which reduces the amount of certain medical liens in some cases. It can really help increase the total amount your client ends up with in a settlement.
A new case from the 5th District, Stanton v. Rea, notes that the 40% of the settlement that goes to the medical lienholders should not be calculated until after costs have been subtracted from the settlement. In other words, the Act doesn’t mean 40% of the pie, it means 40% of the pie after costs. In some cases, that can make a big difference.
My partner, Mike Warner, just spoke on some new aspects of the Lien Act at the recent Rock Island County Bar Association Seminar. I think a thorough “how to” post is forthcoming.
(Howard Zimmerle is a personal injury lawyer in the Quad Cities of Iowa and Illinois, helping people who have been injured due to someone else’s fault. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com).
About a year ago I blogged about a 5th District case that would allow lawyers to reduce the amount of medical provider liens pursuant to the Illinois common fund doctrine.
Never mind, because the Illinois Supreme Court reversed it.
It was a nice tool while it lasted.
(Howard Zimmerle is a personal injury lawyer in the Quad City area. You can reach him at 309-794-1660 or hzimmerle [at] mjwlaw.com)
It happens too often.
Parent settles case on behalf of minor. The court orders the settlement proceeds to be invested and not to be touched without a court order until the minor turns 18 (or 21). Somehow, a parent dips into the money after all, and by the time the minor finds out, the money’s all gone.
It really does happen often, despite certain protections in the system.
Luckily, in Newell v. Newell, the Third District allowed an action against the parent and the bank in one of these situations. The court held that a three year statute of limitations applied, but also applied the discovery rule, so that the statute of limitations didn’t begin to run until the minor knew or had reason to know that a cause of action might exist.
(Howard Zimmerle is a lawyer in the Quad Cities, regularly handling cases in Moline, Bettendorf, Rock Island, Davenport, East Moline and other areas. You can reach him at 309-794-1660 or hzimmerle [at] mjwlaw.com)