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Personal Injury Payment Red Flags

By Adrienne Hersh, JD, ICS Legal Counsel · July 1, 20166 min read

Calculator next to written calculations — Personal Injury Payment Red Flags

Summarize this article with Paxson

The ICS has published information and forms to be used to file liens to protect your fees in injury cases. As a quick review: if you’re a savvy ICS member who has treated a patient in a personal injury case, you have taken steps to “perfect” your lien by sending all the proper notices. You complete the course of treatment on the patient; you wait for the attorney to let you know that the case has been settled or tried, and you send your bill to your patient’s attorney.

Once the case has been concluded, the amount of your payment depends on whether the settlement or judgment amount was enough to cover all of the bills in the case. Often it is not, which means you may file a petition to adjudicate your lien before the court, or you may negotiate with the attorney for the amount you are to receive, and you could receive a check for less than the full amount of your bill.

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About the Author

Adrienne Hersh, JD, ICS Legal Counsel

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.