Car Accident Hospital Liens in Texas

Doug Goyen, AttorneySince 1997, the Law Office of Doug Goyen has represented clients in personal injury cases resulting from automobile accidents in the DFW Metroplex. We have settled thousands of personal injury cases and collected millions of dollars in compensation for our clients. People who have received car accident hospital liens are eligible for free consultations with our office. In addition to obtaining the compensation owed to our clients for their personal injuries, our services include, among other things, advising our clients on issues pertaining to their personal injury cases, such as when they receive a hospital lien due to an injury sustained in an auto accident.

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Final notice of car accident hospital lien

If you were involved in an auto accident and went to the hospital, you will probably receive a notice of a hospital lien eventually that says the hospital has a lien against you and/or any insurance claims you have. What does this mean? What can you do to get this removed or taken care of? If your hospital lien is in Texas, the easiest route is to call us for a free initial consultation. We will likely be able to answer your questions regarding the hospital lien and place you on the right path towards resolving the lien, you may or may not need an attorney to resolve it. 

Call the Law Office of Doug Goyen and talk to our car crash lawyer in Dallas at (972) 599 4100 or contact us on our website contact form for a free consultation regarding your case. We charge no fee unless you win!

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IN TEXAS AUTO ACCIDENT CASES, HOSPITAL LIENS

Auto accident hospital liens are issued when a person visits the emergency room following an auto accident and does not present any health insurance to the hospital. Hospitals do this in order to ensure that their bills are paid. When a hospital lien is filed against them for their auto accident or car accident and injury case, most people have the following questions:

1. How does the hospital lien affect me?

The fact that you received notice of a hospital lien means that the hospital claims you owe them money for your treatment and wants to take the money from your settlement with the auto insurance company. An auto accident lawyer can examine the lien and determine its validity. Hospital liens are typically filed against people who have been injured in an automobile accident and go to the emergency room shortly after the accident.

2. What can I do about the hospital lien?

If your hospital lien is the result of an automobile accident and injury as a result of that accident, you may be eligible to have the lien removed. The lien may or may not be valid. A lawyer can review the lien and determine whether the hospital should have filed the lien in your case. In your case, a lawyer can confirm the lien’s validity.

3. What exactly is a hospital lien?

The Hospital Lien Statute was enacted by the Texas legislature in 1933. This statute was enacted to relieve hospitals of financial burdens associated with providing care to auto accident victims. This statute is found in Texas Property Code Chapter 55. If you were admitted to a hospital within 72 hours of the auto accident and injury that caused you to seek treatment, the hospital lien attaches to any claim or lawsuit you may have from the accident; see Sec. 55.003. In order for the lien to be effective and attach, the hospital must file it with the county clerk prior to payment of the settlement; Sec. 55.005.

The lien also extends to follow-up hospitalizations if the first admission occurred within 72 hours of the injury; see Sec. 55.002 and Baylor University Medical Center v. Travelers Ins. Co., 587 S.W.2d 501. (Tex. Civ. App. 1979 writ ref. n.r.e.). In layman’s terms, the hospital places a lien on your injury case or claim. It means the hospital claims you owe them money for the bills. It also means that they are notifying the auto insurance company that any settlement checks must include the hospital’s name in order to cover the lien. If they don’t, the hospital can sue the auto insurance company later to get paid again. 

4. Why didn’t the hospital bill my health insurance instead of suing me for a hospital lien?

Hospitals are hoping to make more money from your car insurance than you will from your health insurance. Health insurers typically negotiate lower rates, whereas automobile insurers do not. Hospitals frequently charge several times the actual value of the service. If the settlement is large, the hospital may be able to extract more money from you by hijacking your settlement negotiations and forcing you (the injured person) to pay their inflated bill before you are reimbursed for your own out-of-pocket expenses incurred as a result of the injury (lost wages, other medical expenses, deductibles, copays, etc). This frequently means that they deduct the funds from your auto insurance policy that you require to cover your own personal losses. In these situations, you need an attorney to take over your case right away. You will need the assistance of an attorney to ensure that you recover the necessary proceeds for your losses – and that the hospital is paid a fair rate rather than an inflated rate.

5. Why didn’t the hospital bill the other driver’s insurance instead of suing me?

Hospitals notify the other driver’s auto insurance company of their lien on your claim against the other driver’s insurance. The lien statute requires that the lien be filed against the patient (you, the injured person), and they will frequently notify the insurance companies involved. You will need a lawyer to guide your case through the process so that the lien is removed and you receive the maximum amount of the settlement that you are eligible for.

You will not know the total amount of your bills until later in the case. You will shortchange yourself in terms of hospital bills and liens if you agree to settle early. You will be stuck with the bill for a case that should have been paid by the insurance company of the person who caused the car accident. If you try to settle your case on your own early on and have a hospital lien, you will most likely be surprised as other bills related to your hospital visit trickle in after you have already signed away your rights to your case by attempting to settle early on your own.

Call For A Free Case Review (972) 599 4100

HIRE A LAWYER TO ASSIST YOU WITH HOSPITAL LIENS

Employ the services of a lawyer who has dealt with hospital liens in the past. Hospital liens are triggered as a result of car accidents, so hiring a personal injury lawyer who specializes in car accidents is your best bet. Personal injury attorneys who handle car accidents have seen hospital liens in a large percentage of their cases, so they know what to look for to ensure their clients’ rights are protected.

You don’t want to be stuck owing the hospital, ER doctors, the ER radiology department, or other hospital-related charges after your case is resolved. You also don’t want to be surprised after agreeing to settle with the insurance company by the adjuster saying, “Oh, by the way, all that money you signed that release for, all that money has to go to the hospital now – none of it goes to you… because the bills were higher than you realized.”  Don’t let this happen to you; instead, hire an experienced attorney to handle your case so you don’t end up with no money to pay for what you owe because the hospital lien was handled incorrectly.

Your lawyer will assist you in defending your rights in your case. When you call our office, you will receive a free phone consultation and strategy session – you have nothing to lose. We will discuss your case with you so that you can decide whether or not you need to hire a lawyer in your situation.

Call the Law Office of Doug Goyen at (972) 599 4100 or use our website contact form to get in touch.

Call For A Free Case Review (972) 599 4100

FREE CASE REVIEWS

If you are looking for a Dallas auto accident lawyer, call (972) 599 4100. We offer free phone consultations. We also provide a free strategy session. The strategy session includes a summary of your case, legal issues involved, and legal issues we identify as being critical to maximizing the compensation owed.

THERE IS NO FEE IF WE DO NOT WIN

You owe us nothing if we are unable to recover. We charge a contingency fee structured to take a percentage of what we recover. As a performance-based contract, the better we do for you, the better we do for ourselves. This aligns our interests in the case with our client’s interests.

OUR LOCATION 

Law Office of Doug Goyen
15851 N. Dallas Pkwy, Ste 605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax

We are located just north of the Galleria on the Dallas North Tollway, at the intersection of Keller Springs and the Dallas North Tollway. Our office is two buildings south of Keller Springs in The Madison building on the southbound service road of the Dallas North Tollway.

By Doug Goyen, douggoyen@goyenlaw.com

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By Doug Goyen, Attorney douggoyen@goyenlaw.com
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