What Are Hospital Liens in Georgia Car Accident Cases?

If you were injured in a Georgia car accident caused by a negligent driver, you might have been rushed to the hospital for emergency care. Federal law requires hospitals to provide emergency treatment to anyone with a severe or life-threatening medical condition, regardless of their insurance coverage or ability to pay.

However, hospitals really don’t like eating the costs of providing emergency care. They will go to great lengths to recoup as much money as they can, even if that means filing a lien against an injured accident victim. If you were expecting the at-fault driver’s insurance to cover your treatment expenses, a hospital lien might have come as a shock.

A hospital lien is not the same as a traditional lien, but it’s still a serious matter that can have a significant impact on your finances. To learn more, contact the knowledgeable Athens car accident attorneys of R. Alan Cleveland, LLC, for a free initial case review.

What Is a Hospital Claim of Lien?

A lien is a special type of claim that gives the claimant a legal right to your assets as collateral for outstanding debts. If you fail to pay off a traditional lien, the lienholder can seize your assets as compensation for their losses. A hospital lien gives a hospital the right to demand a portion of any money you receive from an injury claim settlement as repayment for the costs of providing your care.

Hospitals typically stand to make more money when they take a chunk of victims’ injury settlements rather than going through the usual insurance channels. This is because insurance providers negotiate contracts with hospitals that allow the insurance companies to pay reduced prices for hospital services.

When hospitals attach liens to personal injury claims, they can charge full price for their services instead of accepting their usual negotiated rates. If you have your own health insurance coverage, the hospital may even discourage you from sending your bill to your health insurance provider for this exact reason.

A hospital lien could wipe out most or even all of any compensation you receive from a personal injury claim against the at-fault driver. If the hospital overcharges you for the treatment you received and the other driver’s insurance coverage doesn’t pay for all of it, you could be personally on the hook for the rest of the bill, even if the other driver was responsible for your injuries in the first place.

This is why it’s so important to work with an experienced personal injury attorney as soon as possible. An attorney can help you demand that the hospital send your bills to your insurance provider, negotiate for reduced healthcare billing costs, or even avoid a hospital lien altogether.

How Long Does a Medical Lien Last in Georgia?

Under Georgia law, hospitals have 75 days from the date when they discharge you to file a lien attached to your car accident claim. If a hospital fails to “perfect” its lien by complying with all legal deadlines and filing requirements, the lien would be invalid, and the hospital would lose its right to demand payment.

Georgia law also imposes a limit on the amount of time hospital lienholders have to sue for settlement money. The one-year statute of limitations for hospital lien lawsuits means that hospitals have only one year to file a lawsuit from the date when an insurance settlement or court verdict determines the at-fault driver’s liability. Otherwise, a hospital would no longer have grounds to demand repayment.

Do Hospital Liens Attach to Real Property in Georgia?

Hospital liens are not like traditional liens. A traditional lien gives the lienholder the right to sell any property subject to the lien to recoup their losses. With a hospital lien, the lienholder simply has the right to claim a portion of any money you receive from a personal injury claim against the at-fault driver.

A hospital lien will not affect your home, your vehicle, or any other personal property you may own. However, you are still ultimately responsible for paying your hospital bills. If the other driver’s insurance coverage is not enough to cover the total costs of your medical care, the hospital may still file a lien for the balance they claim you “owe.”

They cannot legally bill you for this amount, but that won’t stop them from trying. A personal injury lawyer can help you stand your ground and fight back against greedy corporate tactics.

How Do I Remove a Hospital Lien in Georgia?

If you receive notice of a hospital lien after a Georgia car accident, it’s essential to stay calm and carefully think through your next actions. Several options for removing the lien could include:

• Challenging the lien – If your attorney identifies any discrepancies in the lien itself, you could challenge the lien to prove the hospital’s claim is invalid.
• Negotiating a lower amount – Your lawyer could engage in negotiations with the hospital’s billing department to convince them to either lower your bill or send the bill to your insurance provider.
• Paying out-of-pocket – If you lack insurance coverage, you could pay your medical bill out-of-pocket to eliminate the lien. However, this should only be considered if you can afford to do so and have exhausted all other options first.

Georgia law also requires that the hospital submit any bills to your health insurance first, which may cover at least a portion of your expenses. They cannot legally file a lien against you until they do. A personal injury lawyer can help you explore all your options to avoid paying more than you must.

Who Else Can File a Lien on My Car Accident Claim?

Unfortunately, your hospital bills aren’t the only expenses that can lead to liens. Chiropractors, physician practices, nursing homes, and traumatic burn care practices may also file liens against an injury victim’s claim. If you received care in any of these facilities while recovering from your car accident injuries, you should consult with a lawyer to protect your right to maximum compensation.

How Can a Lawyer Help Deal With Hospital Liens?

If you were injured in a Georgia car accident and received notice of a lien from the hospital that treated you, an attorney can guide you through the next steps by:

• Reviewing the lien to identify possible discrepancies or ensure it is valid
• Reviewing your hospital bills to ensure you were billed appropriately
• Determining whether anyone has already paid any part of your hospital bill
• Negotiating to reduce the value of the lien to a reasonable amount
• Ensuring the lien is removed after your injury claim is settled

Our Law Firm Is Here To Help After An Accident

The attorneys of R. Alan Cleveland, LLC, have decades of experience working with Georgia car accident victims to reduce or eliminate hospital liens. If you were injured in an accident and received a lien from the hospital that treated you, there’s no need to handle it alone.

Contact us today for a free consultation to find out more about how we can help.