How do I Get Medical Providers Before Court to Allocate Insufficient Settlement?
I have a PI case where settlement is not enough to pay all of the medical lienholders. Do I file the lawsuit, formally settle the case, and then file my motion against the medical lienholders. Do I need to serve summons on the defendant before I do this? Is the filed petition enough to give the court jurisdiction to distribute the funds among the lienholders? Do I need to have the lienholders as named parties, or can I just give them notice of the pending hearing? Where is the venue? Treatment was in different counties, I am in a different county, and the place of the accident is in a different county. Do I get to choose, and am I better off selecting the county of at least one of the medical lienholders?
You might give thought to a declaratory judgment against all the lien claimants. I sort of think that's what I would file. If not, you have all sorts of problems like those you've pointed out about how you get the lien claimants before the court. With a DJA, if they default, you can take a default judgment that they get nothing and maybe free up a bit of money for your client.
I think under 12 OS 134 the venue can be in any county either where the claim arose (I would assume that would be the county were the wreck took place) or the county in which some corporate defendant may be served. "An action, other than one of those mentioned in first three sections of this article, against a corporation created by the laws of this state, may be brought in the county in which it is situated, or has its principal office or place of business, or in which any of the principal officers thereof may reside, or be summoned, or in the county where the cause of action or some part thereof arose, or in any county where a codefendant of such corporation created by the laws of this state may properly be sued."
Posted on Mon, April 13, 2015
by Travis Law Office filed under