Passaic, NJ asked in Personal Injury for South Dakota

Q: In South Dakota, does the law provide for on option for medical leins to be waived or barred?

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2 Lawyer Answers

A: A South Dakota attorney could advise best, but your question remains open for two weeks. As a GENERAL matter nationwide, medical liens are not waived by operation of law. They COULD be waived at the discretion of the lienholder. For public agency liens such as Medicaid liens related to treatment in an accident, there could be a forbearance on a PORTION of the lien - usually this is governed by tables based on the amount of an award. If you have an attorney on the case, the best thing to do would be to seek their guidance. Good luck

Tim Akpinar

A: A minute ago in my response to your post, I should have been more precise. I apologize. I should have said, "Medical liens are not USUALLY waived by operation of law." I do not know who your insurance carrier is here and I do not know their practices. But again, if you have an attorney representing you on the matter, seek their guidance. If you do not, reach out to a South Dakota attorney for guidance. Good luck

Tim Akpinar

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