Synergy Blog

Ask A Lien Professional – Wrongful Death and Medicare

Question: “I am the executor of estate on behalf of my mother who was a Medicare beneficiary. This is a wrongful death case, so does Medicare have a lien in this situation?” – Florida Resident

Answer: According to the Medicare Secondary Payer Manual (Chapter, Medicare’s right to recover against a wrongful death claim depends on two things, 1. The beneficiary’s state of residence, and if the state law allows for the recovery of medical expenses in a wrongful death claim, and 2. If the state’s law allows for recovery of medical claims, the amount Medicare is entitled to recover against may vary (full recovery in some states, limited recovery in others). So basically, depending on where the beneficiary lived, there may or may not be an obligation to Medicare. Some states do not allow for the recovery of medical payments, so in those states Medicare cannot assert a claim against the deceased beneficiary or survivors.

I assume that you are in Florida, so I reviewed the Florida Wrongful Death Act (FL §768.14 – 768.26) in this state. In §768.21(6)(b) it states that medical expenses that have been charged to the estate are recoverable, and § 768.21(7) states, “All awards for the decedents estate are subject to claims of creditors who have complied with the requirements of probate law concerning claims”. Therefore, in Florida, Medicare does have a right to recover their claim against the estate of the beneficiary in a wrongful death case. My suggestion is that you discuss this matter with a probate attorney for further clarification on how to proceed in this case. Be advised that this is only a general response to your question, and should not be viewed as specific legal advice, as I am not an attorney. I hope this is helpful to you in your research. Please contact us at Lien Settlement Solutions have any more questions.

Lien Settlement Solutions has professionals that can assist with questions of compliance and lien validity in cases of Wrongful Death, Malpractice, Workers Compensation, and Liability. Feel free to call us with your questions at (877) 907-5436 or email at!

Ready to schedule a consultation?

The Synergy Settlements team will work diligently to ensure your case gets the attention it deserves. Contact one of our legal experts and get a professional review of your case today.

Request Consultation


“Synergy is our guiding light for deferring our contingent legal fees and planning for retirement. The lawyers at Panter Panter & Sampedro, myself included, have been working with them for over ten years using different methods to defer comp and plan for retirement.”

Brett Panter
Panter, Panter & Sampedro

"I don't think I've directly said "thank you" for helping us with Bridgett’s case. We sent the reduced payment to Medicaid and called Bridgett's mom to tell her approximately how much money was going to be left for Bridgett and she broke down over the telephone. Given only $25k of insurance and a $850k medical bill from the hospital she didn't think Bridgett would ever see a penny."

Tom L. Copeland
Jeffrey Meldon & Associates, P.A.

WordPress Image Lightbox