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TRICARE Liens on Military Personnel Injured in Car Wrecks

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Complete resolution of a personal injury claim may be thought of in two distinct steps. The first step is, of course, recovery of compensation from the at-fault party or parties. The second step involves the disbursement of the recovered compensation to the various parties who may have a claim for reimbursement. Many people do not realize that a personal injury claimant’s attorney may be obligated to disburse settlement proceeds to healthcare providers, health insurance companies, EMS providers, etc. For retired or active-duty military, their claim is likely subject to a TRICARE lien. For assistance with your personal injury claim or information regarding the enforceability of TRICARE liens, contact the Raleigh personal injury attorneys of Maginnis Howard at (919) 526-0450. You may also email inquiries directly to our lawyers via our contact page

TRICARE is “the health care program serving Uniformed Service members, retirees, and their families worldwide.” If you are a service member or a family member of a service member and are injured due to the fault of a negligent party, the chances are that you will either receive medical treatment directly from a Veterans’ Administration hospital or your bills for private health providers will be paid for by TRICARE. Under the Federal Medical Recovery Act (32 U.S.C. §§ 2651 – 2653), the federal government is entitled to reimbursement for the value of medical services provided by VA hospitals or amounts paid to private health care providers.

A TRICARE lien is not limited by state law. The attorney or injured party should assist TRICARE in recovering its lien by filling out a Defense Department Form 2527, entitled “Statement of Personal Injury – Possible Third-Party Liability.” The Form 2527 should be provided to the Affirmative Claims Recoveries Branch of the Federal Medical Case Recovery Section in the Office of the Staff Judge Advocate for the claimant’s particular branch of the service.

Depending upon the particular facts of your case, TRICARE may choose to accept less than the full amount of its lien. For instance, if you have $50,000.00 worth of medical treatment but the at-fault party only has $30,000.00 of insurance coverage, TRICARE may accept less than the entire $50,000.00 such that you can recoup something for pain and suffering. Unlike many liens, such as health care providers’ liens, there is no cap on the amount of TRICARE’s recovery. Also, there is no reduction on the TRICARE lien for reasonable attorney’s fees. We have successfully represented family members of military personnel and handled the resolution of TRICARE’s lien.

To speak with a Maginnis Howard attorney regarding your personal injury claim, whether automobile accident or otherwise, contact us today. We provide free consultations and represent all personal injury claimants on a contingency basis. We serve clients across the Carolinas from our three conveniently located offices in Fayetteville, Raleigh, and Charlotte. Use our contact page to send us a confidential email.

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