If you are injured in an accident or as a result of someone else’s negligence and are taken to the hospital for emergency treatment, the hospital that treated you will most likely file what is called a “hospital lien”.
The lien is a statutorily granted lien and can be found under the Texas Property Code. It states that:
(a) A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.
(b) The lien extends to both the admitting hospital and a hospital to which the individual is transferred for treatment of the same injury.
(c) An emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services in a county with a population of 800,000 or less for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must receive the emergency medical services not later than 72 hours after the accident. (Texas Property Code §55.002).
This means that you will need to take their lien into account in any settlements that you make with the at-fault insurance company or their insured. Where many people mess up is they accept less money than necessary to pay off the hospital lien and are left “holding the bag” in order to pay off the lien, or they have to go back to the insurance company and try to get more money (which can be quite difficult to do).
The better option is, once you receive notice in the mail that the hospital has perfected a lien on your recovery, you should call an experienced personal injury lawyer who will make sure that your hospital lien and any associated bills are accounted for in any personal injury settlement.
Guest and Gray Law Firm has successfully helped countless personal injury clients in the Forney, Rockwall, Kaufman county and Dallas areas negotiate hospital liens and get the hospitals off their back. This lien is given priority in any settlement dollars you receive. A big portion of the work that Guest and Gray does for our clients is not just getting top dollar from the at-fault insurer but also working with all providers and lienholders, including hospital liens, ensure that the hospitals and providers are not taking more of the compensation that you deserve.
If you have received a notice of a hospital lien against you as a result of an accident or injury that was not your fault, you need to contact Guest and Gray today! We offer free consultations with an experienced personal injury lawyer and we take all personal injury cases on a contingency fee basis. This means that you pay nothing unless we win your case.