Injury Claims and Treatment at VA Medical Centers

If you’re a veteran and have access to health care through the VA, you’re lucky.  It’s nice to have that to fall back on when you need it.

However, if you’re able to choose, you might want to think twice before seeking treatment at a VA Medical Center after you’ve been in an accident caused by someone else’s negligence.

As I’m sure you’re aware, the VA is a Federal institution, so they are given a lot of power to get reimbursed for treatment they offer you in the even that someone else has to pay for it.  When this right to reimbursement from an identifiable source of funds is created by statute, it is called a “lien.”  In these situations, the identifiable source of funds is your potential injury settlement.  If you seek treatment at the VA, you’re almost certainly going to have to pay them back for your medical treatment costs from your settlement, which will obviously limit your net recovery.

Contrast that to a situation where you go to a normal hospital that doesn’t have power through a Federal statute to assert a lien, in that case you have a ton of negotiating power to pay less on your treatment costs.  Also, you might have health insurance that would pay the vast majority of your bill, and in most situations in North Carolina, you wouldn’t have to reimburse your health insurance plan for benefits paid.  That’s a far better situation and won’t do so much to limit your recovery in your injury settlement.

Remember, claims can get way more complicated than you think, so it’s always smart to get help.  Call me at 919-929-2992.