MTVA Spotlight

Sexual Assault Cases: Steps to Avoid Lien-Related Delays

February 27, 2024

Changes to our societal norms and state laws have allowed hundreds of thousands of sexual assault victims a chance to settle lawsuits. With that increase comes the need to understand and pursue lien resolution for both physical and emotional claims in these cases. Treatment for these injuries was paid by insurers that may have subrogation/reimbursement rights.

These cases can be particularly sensitive and painful for the victims involved. They range from young athletes to older adults. It is important to handle these cases with an eye towards privacy, compassion, and determination. Lien resolution requires the same kind of attention and treatment.

MASSIVE has resolved liens for numerous sexual assault litigations. Our staff is specially trained to work with law firms that lead the charge for their clients to recover for this life-altering trauma. What are the best practices for these sensitive cases?

  1. Determine early on which healthcare entities covered the victim from the date of incident onward; there may be both private and government entities.
  2. Collect copies of any insurance cards your clients still have during the intake process.
  3. Recognize that lien resolution will take at least 120 days once the process is started. These are the minimum timeframes in Private Lien Resolution Programs like those from Rawlings, Optum, and others.
  4. Examine settlement documents for injury categories to assist in reporting to healthcare providers.
  5. Obtain HIPAA authorizations during the intake to avoid delays later in the case flow.

Contact MASSIVE to discuss your cases as soon as possible to avoid unnecessary delays and complications for you and the victims of abuse. MASSIVE utilizes special privacy training and has the experience, along with the compassion, expertise, and focus needed to handle your sexual assault cases.

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