If you were involved in a vehicle accident recently and you were not at fault, and you had to be treated for your injuries, the chances are that the medical facility will file a lien against you to maximize the payment amount it will get for treating you. Majority of medical facilities file liens in crash cases because they can charge a higher price for their healthcare services. On the other hand, medical insurance providers refuse to pay higher amounts particularly if the treatment was necessitated by a crash.
Once a healthcare facility files a lien against you, you should receive a notification from the hospital indicating that the facility has placed a lien on your personal injury claim. Also, a notice should be filed with the right County Clerk to put other relevant parties on notice of the lien. Generally, insurers often check the clerk’s records prior to making a claim settlement. If a lien was filed, the at-fault driver’s insurer would make a check out to you (claimant) and the entity who filed the lien.
The entire process of handling a lien can be both confusing and frustrating especially when you are trying to reach a great settlement with the at-fault entity’s insurer. A reliable Austin personal injury lawyer can help you understand the Texas hospital lien concept and help you navigate the complicated process. Remember, these professionals have been handling such cases for many years and have outstanding knowledge.
Is the medical facility extorting you for your settlement money?
The Texas Property Code’s hospital lien statute in Chapter 55 requires you to pay the medical facility lien from the personal injury settlement amount under specific circumstances. These circumstances include;
- A medical facility has a lien on a claim or specific cause of action of a person who gets healthcare services for injuries caused by a crash attributed to the negligence of another entity. And for this lien to attach, the victim must be admitted to a medical facility for not later than 72 hours following a crash.
- The lien can extend to both the admitting healthcare facility and the facility to which the victim is transferred for further treatment of the same injury.
- Generally, an emergency healthcare services provider may have a lien on a claim or cause of action a person gets emergency medical services in a county that has a population of 800,000 or less for various injuries associated with a crash that is attributed to negligence on the part of another entity. For the lien to attach, the person must have received the emergency healthcare services not later than 72 hours following a crash.
Keep in mind that most medical facilities are usually reluctant to negotiate lien. However, it is advisable that you work with a legal professional to get in touch with the medical facility and attempt to settle the lien. That way, you can be sure that you don’t overpay for the medical services you get.