Can I put a medical lien on a business?

by Bernie
(Crystal Lake, IL)

I was lifting a rented trailer at a car dealership on 12-23-2010 and sustained serious Injuries. My medical bills so far total over $68,000. The business's insurance company is giving me the run around and I'm tired of it.

Can I put a medical lien on the building/property where it happened to show their insurance company that I'm serious? What other options do I have? Thanks.

Visitor Question:
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ANSWER for "Can I put a medical lien on a business?":

Bernie (Crystal Lake, IL):

Your facts don't indicate whether you were an employee of the dealership. If you were, your medical bills would have been paid by workers compensation insurance. And those payments would not have had to be based upon any negligence which might have occurred, as workers compensation insurance doesn't require proof of negligence.

If you weren't an employee at the time of the injury then you will have to prove the dealership was somehow negligent, and that negligence resulted in your injury.

You say you were lifting a rented trailer. Although that statement in and of itself is a bit vague, if you have enough proof through witness accounts, including employees, friends, and others who might have witnessed the accident, then you would have the genesis of a personal injury claim.

You want to know if you can file a medical lien. You can only do so after you sue the dealership and win. Once you win you can file a judgment against the dealership. Getting to that point would presume somehow you were able to make it through a lawsuit against the dealership's attorneys and when you did you prevailed. That is a substantial task.

Suing the insurance company directly is another consideration. The basis of any lawsuit against them would have to be based on "bad faith". That means you would have to be able to prove you had a legitimate and credible claim and the insurance company, knowing that, refused to act in good faith by at least negotiating with you.

If you think you have enough evidence of their bad faith actions, you will have the basis of a lawsuit against the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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