Wolf v. Toolie

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (1st) 132243
Decision Date: 
Tuesday, September 30, 2014
1st Dist.
Cook Co., 5th Div.
Affirmed in part and reversed in part; remanded.
Two separate cases involving separate motor vehicle accidents in which Plaintiffs were injured. County filed liens against Plaintiffs for unpaid medical bills from County Hospital, per Health Care Services Lien Act. Both health care liens and attorney lines are calculated from the same total, and they must be calculated based on an injured plaintiff's total recovery resulting from the plaintiff's claims or causes of action based on injury. Attorney lien (fees and costs) should not be subtracted from a plaintiff's recovery before a health care lien is calculated. Where hospital's lien substantially complied with requirements of Health Care Services Lien Act, and Plaintiff had actual notice of hospital's lien, Plaintiff's rights were not prejudiced by any technical deficiencies in lien.(PALMER and GORDON, concurring.)