Medical Lien Reduction Letter

This is a sample letter seeking a reduction in a medical lien.

Plaintiffs' lawyers correctly focus on maximizing the value of a case by seeking the largest possible settlement or verdict. But in many injury claims, getting a payment reduction in the medical bills or medical liens makes all of the difference in the final compensation payout.  So our lawyers fight hard on our lien reduction request to maximize the amount of money the client puts in her pocket. 

Here is the letter:

June 9, 2021

Steam Fitters Local #2452l
Ms. Courtney Morzaria
4413 Philadelphia Road, Suite B
Baltimore, Maryland 21237

ATTN: MEDICAL RECORDS

Our Client: Mandy Dennison
Date of Loss: 1/132021
Account No.: 264352197

Dear Ms. Reinsfelder

It was a pleasure speaking with you today. As we discussed, we represent a very lovely young lady, Mandy Dennison, in a case for personal injuries involving an automobile accident on January 13, 2020.

As a result of her crush injury to her left foot and fibula in this car wreck, Many will never be able to walk again without assistance. She also suffered cervical discectomy and fusion at the C5-C6 level. My understanding is that her current lien amount is $238,320.00. 

The neurosurgeon that performed her surgery is Dr. Katz, and he is of the opinion that her second surgery and her follow ongoing physical therapy is NOT related to the crash. His opinion is that following her surgery, only 6-8 weeks of therapy would be accepted as related to the crash. I calculated that amount to be a little less than $30,000. We would request that this amount is taken off the lien, leaving the amount in question to be $209,359.26.

The initial offer was $250,000.00, which was made at a mediation in April 2021. We attended a pre-trial in Frederick County on May 14th and the offer was increased to $500,000.00. Our counter demand was $1.3 million. Since then, the Defendants have increased the offer to $550,000. The trial date is scheduled for July 25, 2021, which is only five weeks away. Our firm has invested $83,400.13 in prosecuting this case and the expenses continue to increase daily with preparation for trial.

We are requesting that you reduce your lien an additional $150,000 to $59,359.26. 

This is a significant reduction. We ask for the reduction for two reasons. One, there is a real risk of getting no recovery at all at trial. Liability is strongly disputed in this case.

In Maryland, if the defendant shows that Mandy is 1% responsible for this car wreck, she loses and you would recover nothing. Moreover, we are in a conservative jurisdiction, Frederick County. The judge admonished my clients and told them that "the lucky people get their medical expenses back."

The judge has been on the bench in Frederick County for 18 years and has presided over numerous personal injury cases, and says most Plaintiffs walk away very disappointed. I don't entirely agree with the Judge and I think Mandy will make a special witness. But her point is well taken.

The second, Courtney, is more human. As you know, Mandy will suffer from these injuries for the rest of her life. She has, as you also know, stood strongly behind this union for most of her adult life. We are asking her union to stand behind her now in her time of crisis.

I look forward to hearing from you.

Very truly yours,

Laura G. Zois
/slh

• Return to Sample Attorney Letters
• Looking to Refer Your Personal Injury Case? (Miller & Zois splits fees with co-counsel consistent with Maryland Rule 1.5(e) with lawyers in Maryland and around the country)
• Sample Demand Letter #1
• What Can I Expect for a Settlement Payout? (how lawyers and juries determine compensation amounts)
• Handling Your Personal Injury Claim Yourself  (if you are trying to proceed yourself without a lawyer - arguably, foolishly, but maybe not)
• Personal Injury Attorney Help Center (guide for lawyers handling personal injury cases - includes sample depositions, trial transcripts, complaints, interrogatories, etc.)