Illinois Health Care Services Lien Act – New Case

(NOTE that as of 5/21/2015, Stanton v. Rea, discussed below, has been OVERRULED by the Illinois Supreme Court and is no longer good law.)

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).

Quick Tip – Make Sure Your Opponent Shows Up for Trial

Interesting Iowa Supreme Court decision today. The essential holding is that a party to a civil action does not necessarily have to show up for trial if they can prove their case otherwise. Of course, in most cases, I’d strongly recommend that your client show up. 

The real takehome lesson for lawyers here is to make sure to subpoena the opposing party for trial if you need/want any of their testimony. In Illinois, one would do something similar with a Rule 237 notice. 

(Howard Zimmerle is a trial lawyer practicing in Iowa and Illinois. He represents people who have been injured in car accidents, by medical malpractice, or in many other ways. He can be reached at hzimmerle [at] mjwlaw.com or 309-794-1660).