Hospital Lien Attorney
Hospital Lien Attorneys in DFW
Hospital liens are a particularly troubling aspect of a personal injury lawsuit. If you are admitted to a hospital within 72 hours of your injury, the hospital may file a lien against your settlement, meaning they are entitled to get their bills from the settlement you get from the insurance company. You need an expert Arlington & DFW hospital lien attorney, from the Law Offices of David S. Kohm, to defend your rights to the settlement before the hospital takes all the money, possibly leaving you with additional medical bills or no money for your pain and suffering or lost wages.
Our Arlington & DFW Hospital Lien Attorneys
As stated previously, the hospital may file a lien against your personal injury claim if you have been admitted within 72 hours of the injury. While this may sound reasonable, many hospitals have abused this power. In the past some hospitals have refused to bill insurance companies when it was an entirely viable option-maximizing their profits at your expense.
Why would a hospital refuse to bill insurance companies? The answer is found in the fact that a hospital could charge much more than any type of insurance would pay. Essentially a hospital could artificially inflate the price of treatment and hold it against your claim. Allow our experienced team to represent your best interest and acquire the best settlement possible in your favor.
Though Texas legislators have taken one measure to at least partially curb some of the abuse. The new law states that a hospital must bill your health insurance provider, if one is available. While this has stopped some of the abusive billing practices, it has not been made clear whether this applies to Medicare or similar types of coverage.
This ambiguity allows hospitals to file for a lien on your claim if you are covered by Medicare or a similar program. It is time to consult our Arlington & DFW hospital lien attorneys, from the Law Offices of David S. Kohm, if you have been unfortunate enough to be injured and further victimized via a hospital lien.
Hospital Liens from Personal Injury Accidents – FAQs
What is a hospital lien in Texas?
A hospital lien is a legal claim filed by a hospital to recover the cost of emergency medical treatment provided to someone injured in an accident caused by a third party. The lien allows the hospital to be paid out of any settlement or judgment the injured person receives from the at-fault party.
When can a hospital file a lien in Texas?
Under Texas law, a hospital can file a lien if:
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The patient was admitted within 72 hours of the accident.
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The treatment was provided by a licensed hospital or emergency medical services provider.
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The hospital files the lien before any money is paid out from a settlement or court judgment.
What expenses can a hospital lien cover?
Hospital liens can only cover reasonable charges for hospital care provided during the first 100 days of treatment. The lien does not include charges for physician services, unless the physician is directly employed by the hospital.
Can a hospital lien affect my personal injury settlement?
Yes. If a hospital files a valid lien, it must be paid out of your settlement or judgment before you receive the remaining balance. If not addressed properly, a lien can significantly reduce your net recovery.
Can a hospital lien be negotiated or reduced?
Yes. An experienced personal injury attorney can often negotiate with hospitals to reduce the lien amount, ensuring you receive a fair portion of your settlement after medical bills are paid.
How do I know if a hospital lien has been filed against me?
Hospital liens are filed with the county clerk in the county where the hospital is located. Your attorney can check lien records and notify you if any liens have been filed in your case.
What if the hospital never filed the lien properly?
If a hospital fails to file the lien properly, or misses key legal requirements, the lien may be considered invalid. In such cases, the hospital may not have a legal right to claim any portion of your settlement.
Do hospital liens apply to all types of injury claims?
Hospital liens generally apply to personal injury claims involving third-party fault—such as car accidents, motorcycle crashes, or slip-and-fall cases. They do not apply to workers’ compensation claims or claims where the injured party was at fault.
How can an attorney help with hospital liens?
The Law Offices of David Kohm can:
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Review the validity of any hospital lien filed.
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Negotiate lien reductions.
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Ensure you aren’t overcharged.
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Help maximize your recovery after all medical expenses are accounted for.
What should I do if I received a hospital bill and I’m pursuing a personal injury claim?
Contact the Law Offices of David Kohm right away. They can protect your rights, help manage hospital liens, and work to reduce your medical expenses so you retain more of your settlement.
Contact us online or call the expert Arlington & DFW hospital lien attorneys from the Law Offices of David S. Kohm for your free legal consultation.