Texas Hospital Liens & Personal Injury Cases: What You MUST KnowApril 16, 2019
Hospitals in Texas are legally allowed to file liens against future claims to personal injury compensation. Not every lien filed, however, is legal or valid.
If you or a loved one has been seriously hurt in an accident, here’s what you need to know if you seek (or have sought) care at a hospital. Whenever you need legal advice about your situation, contact the Amaro Law Firm.
When Can Hospitals File Liens?
Hospitals liens can be filed when there’s some expectation of future personal injury compensation and when:
- An injured person has been admitted to a hospital within 72 hours of the incident for which (s)he’s seeking treatment.
- Excessive fees have not been charged for the services rendered.
- The lien has been filed in the county where treatment has been provided.
- The victim hasn’t already received personal injury compensation.
The Texas Hospital Lien Statute (Property Code 55) sets forth these (and other) requirements. The purpose is to provide some assurance that a hospital will be paid for the care provided.
Sadly, some hospitals have tried to skirt and violate this law, attempting to lay claim to as much compensation as possible.
What Makes a Hospital Lien Invalid?
Any number of factors can invalidate hospital liens, like (but not limited to) liens filed for care:
- Provided in an emergency room only
- Billed at excessive rates
- That was medically unnecessary
- Provided 72 hours after the injury-causing incident.
Liens can also be invalid when they aren’t filed in the proper county or when they’ve been filed after personal injury compensation has been paid.
Have You or Someone You Love Been Harmed by Negligence?
Are You Dealing with a Hospital Lien?
Call (713) 352-7975 or Email the Amaro Law Firm
for a Free, Confidential, No Obligation Case Evaluation
Can I Negotiate Hospital Liens?
Yes, hospital liens can be negotiated down. If you are or will be filing a personal injury claim, it’s in your best interest to try to get any hospital liens reduced as much as possible. Some helpful ways of doing this include by:
- Requesting a line-item bill
- Examining your bill for charges associated with services that were not provided or were not medically necessary
- Comparing rates you have been charged with those charged for the same services at other local hospitals
- Pushing to get the charges for valid care down to a rate that your compensation for medical bills will cover
The best way to get hospital liens negotiated down the absolute minimum is with the help of an experienced personal injury attorney at the Amaro Law Firm. We have extensive experience helping our clients:
- Determine when hospital liens are invalid
- Fight invalid hospital liens
- Negotiate legal hospital liens down as low as possible
- Help our clients retain as much of their personal injury compensation as possible.
We know that money can’t erase your accident or injuries. We also know that your financial recovery may be critical to restoring your life. That’s why we are proud advocates for our clients, working tirelessly to help them secure – and keep – the financial recoveries they deserve.
How Do I Know If a Hospital Lien Has Been Attached to My Personal Injury Case?
If you have not received notification of a hospital lien (and you’ve been treated at a hospital for accident-related injuries), call the county clerk in the same county in which you were treated. Here is a list of all of the county clerks in Texas, along with their contact information.
What Should I Do If I’ve Been Notified of a Hospital Lien?
Contact the Amaro Law Firm for more answers, advice, and guidance. We know exactly how hospital liens work – and how hospitals can try to pursue invalid liens. Our lawyers also know how to hold hospitals accountable and help the injured obtain and retain the financial recoveries they deserve.
A Houston Personal Injury Lawyer at the Amaro Law Firm Is Ready to Help You
If you or a loved one has been victimized by another’s negligence, get answers about your legal options by contacting a Houston personal injury lawyer at the Amaro Law Firm. We are ready to partner with you in the pursuit of recovery and justice.
Call (713) 352-7975 or Email Us for Your FREE Consultation
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