Hospital Liens and Their Impact on Personal Injury Claims

July 27, 2023

Hospital Liens and Their Impact on Personal Injury Claims

Hospital liens are a critical aspect of the healthcare industry that can significantly affect personal injury claims. When individuals sustain injuries due to someone else's negligence, they often seek medical treatment at hospitals and medical facilities. The costs associated with medical care can be substantial.

In this article, the personal injury lawyers at Wham & Rogers explore the concept of hospital liens, how they function, and the impact they have on personal injury claims. If you have questions about a hospital lien or a personal injury matter, call our Spring personal injury team at (832) 592-1108.

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Understanding Hospital Liens

A hospital lien is a legal claim filed by a medical facility against any potential settlement or judgment that an injured person may receive in a personal injury lawsuit. These liens allow hospitals and medical providers to assert their right to be compensated for the medical services they provided to the injured individual.

Hospital liens are typically put in place to protect medical providers from not being paid in cases where the patient lacks health insurance or adequate funds to cover the medical expenses. These liens function as a security interest, granting the medical provider a right to a portion of the injured party's settlement or judgment. This means that if the injured person successfully recovers compensation for their injuries, the medical provider can recover their expenses directly from the settlement proceeds before the injured party receives any money.

How Hospitals File Liens

In order to file a hospital lien, the hospital must first provide the patient with written notice of its intent to do so. The notice must include the amount of the lien and the basis for the lien. The patient then has a certain amount of time to object to the lien.

If the patient does not object to the lien, it will become a valid debt against the patient's personal injury settlement. This means that the hospital will be entitled to be paid a portion of the settlement before the patient receives any money.

Impact on Personal Injury Claims

Now let’s take a look at how hospital liens could impact a personal injury claim.

Negotiation and Settlements

Hospital liens can significantly impact negotiations and settlements in personal injury claims. When an insurance company or at-fault party is aware of an existing hospital lien, they may be less willing to offer a settlement, as they know a portion of the funds will go directly to the medical provider. This can lead to prolonged negotiations and potentially lower settlement amounts for the injured party, making it essential for the injured individual and their attorney to navigate this aspect carefully.

Priority of Payment

Hospital liens typically take precedence over other liens and claims against the settlement amount. This means that medical providers with hospital liens will receive their payment before any other parties, including the injured person themselves, their attorney, or other lien holders. As a result, the injured individual may receive a reduced amount or no settlement at all if the hospital lien exhausts the available funds.

Limited Access to Medical Records

In some cases, hospital liens can lead to limited access to medical records for the injured person's attorney, making it challenging to assess the full extent of damages and determine the appropriate compensation. Some medical providers may be hesitant to share medical records or may only provide them once the lien has been satisfied.

Lien Negotiations

To protect their client's interests, personal injury attorneys often engage in lien negotiations with medical providers. They may attempt to negotiate lower lien amounts or advocate for a reduction in the lien based on various factors, such as:

The severity of the injuries
Comparative negligence
Insurance coverage

These negotiations can be complex and time-consuming, adding to the overall complexity of the personal injury claim.

State-Specific Regulations

It is crucial to note that the impact of hospital liens on personal injury claims can vary significantly depending on state-specific regulations. Some states have laws that limit the amount a hospital can recover through a lien, while others may not allow hospital liens at all. Understanding the laws in the relevant jurisdiction is vital for both injured parties and their legal representation.

Things to Remember about Hospital Liens

There are a few things that patients should keep in mind about hospital liens.

First, patients should be aware that they may be subject to a hospital lien even if they have health insurance. This is because health insurance companies often pay less than the full cost of medical care. As a result, the hospital may still be owed money even after the insurance company has paid its portion of the bill.
Second, patients should be aware that they can negotiate with the hospital to reduce the amount of the lien. In some cases, the hospital may be willing to accept a lower amount in order to avoid the time and expense of collecting the full amount of the lien.
Finally, patients should be aware that they may be able to challenge the validity of a hospital lien. This is typically done if the hospital did not provide the patient with proper notice of the lien or if the lien is for an amount that is excessive.

Hospital liens can play a major role in personal injury claims, affecting negotiations, settlements, and the priority of payment. It is crucial for individuals involved in personal injury claims to be aware of their rights and consult with experienced lawyers who can navigate the complexities of hospital liens to secure fair compensation for their clients.

Get Help with Your Personal Injury Claim

If you have been injured in an accident and have received a hospital lien, contact the personal injury lawyers at Wham & Rogers as soon as possible. Our lawyers can help you understand the lien and your options for negotiation with the hospital. In many cases, we are able to successfully reduce the amount of the lien or challenge its validity.

To find out more about your rights and options, call us for a free consultation at (832) 592-1108, or complete our online contact form.

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18 Wheeler Wreck Closes Major Highway near Austin Texas

By Rene Rogers • April 23, 2025

Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .

Texas Senate Bills 30 and 39 Sacrifice your Safety for Corporate Profits

By Wham and Rogers • April 10, 2025

Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits

Texas Voters Beware: New Senate Bill Would Make Texas Roads Less Safe

By Mark Wham • March 26, 2025

A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.

Semi-Truck Driver Arrested After Multiple Fatality Texas Crash

By Rene Rogers • March 15, 2025

Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.

The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

18 Wheeler Wreck Closes Major Highway near Austin Texas

By Rene Rogers • April 23, 2025

Texas Senate Bills 30 and 39 Sacrifice your Safety for Corporate Profits

By Wham and Rogers • April 10, 2025

Texas Voters Beware: New Senate Bill Would Make Texas Roads Less Safe

By Mark Wham • March 26, 2025

Semi-Truck Driver Arrested After Multiple Fatality Texas Crash

By Rene Rogers • March 15, 2025

Distracted Commercial Drivers

By Rene Rogers • March 9, 2025

Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation. ‬

How to Protect Your Family on the Road

By Rene Rogers • February 26, 2025

If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation.

Do I need a personal injury attorney?

By Rene Rogers • February 19, 2025

If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.

On the Job Injuries and the Non-Subscriber Employer

By Rene Rogers • February 12, 2025

Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428‬ for your free consultation.

Houston 18-wheeler wreck causes Injuries and Death - Suspect Sought by Police.

By Rene Rogers • February 3, 2025

On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.

Get Your Crash Report Without Getting Scammed

By Rene Rogers • January 7, 2025

Always order your crash report from a .gov site