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 disbursement of the recovered compensation to the various parties who may have a claim to reimbursement. Many people do not realize that a personal injury claimant’s attorney may be obligated to disburse settlement proceeds to health care 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 for 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 describes itself as “the health care program serving Uniformed Service members, retirees and their families worldwide.” If you are 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. Pursuant to 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 recovery of 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 choose to accept less than the entire $50,000.00 such that you are able to recoup something for pain and suffering. Unlike many liens, such as health care provides’ liens, there is no cap on the amount of TRICARE’s recovery. Also, there is no reduction on the TRICARE lien for reasonable attorneys fees.
To speak with a Maginnis Law attorney regarding your personal injury claim, whether automobile accident or otherwise, contact the firm’s Raleigh office at 919.480.8526. Our civil litigation lawyers regularly represent personal injury claimants in and around the Triangle area, including Raleigh, Durham, Chapel Hill, Apex, Morrisville, Wake Forest, Sanford, Fayetteville, and Cary. We have successfully represented family members of military personnel and handled resolution of TRICARE’s lien.
Maginnis Howard provides free consultations and represents all personal injury claimants on a contingency basis. Send us a confidential email using our contact page.