Everything You Must Know About The Texas Hospital Liens Alongside A Personal Injury Lawyer In Corpus Christi
If you experience injuries caused by an accident in the state of Texas and discover that the injury compensation is covered by an alien, what would you do? This will provide information on the Texas hospital liens, as well as offering practical tips on how to deal with the lien. According to Texas state legislation, hospitals are provided rights that protect the hospital regarding payment of personal injury claims. For better or worse, the Texas politicians have awarded Texas-based hospitals a ‘super lien’ that includes the following factors:
- Damage actions from personal injury claims when the individual is receiving or received treatment at the hospital.
- Judgment pertaining to the damages from an injury that was treated by the hospital.
- Settlement proceeds from injury claims where the injured individual sought treatment from the specific hospital after the accident.
What Are The Criteria For The Lien To Attach To Accident Settlements?
For the hospital lien to attach to the procedure of personal injury claims, the injured party needs to have sought medical treatment from the specific hospital within 72 hours of the accident. Only the first 100 days of all treatment at a hospital can be covered by a hospital lien and if the individual is transferred to a new hospital, then the new hospital will be entitled to the lien from the original hospital lien statute. To take advantage of the lien statute, it is essential that the hospital file is written notices of the lien and file the lien when faced with an injured party. This is crucial because funds cannot be received by the injured individual before the hospital lien file is recorded.
Why Didn’t The Hospital Bill The Health Insurance Company?
One trick used by many hospitals to increase their ‘bottom line’ is to refrain from billing the health insurance company after a vehicle accident. Hospitals tend to have set rate agreements with the major health insurance companies and this can place restrictions on the amount the hospitals can charge for their services. Based on this, it has been seen that the core for hospital profitability is the personal injury claim. Unfortunately, Texas state law does not require hospitals to bill the health insurance companies and case law has shown hospitals being favored in this manner. The hospital lien law code can be found in Texas Property Code Section 55.
Why Didn’t The Hospital Bill The Other Party’s Insurance Company?
Hospitals are not required to bill the other party’s insurance company and will not deal with the other driver in the accident. However, the hospital will offer notice of the hospital lien to insurance companies for the other party if possible. In this situation, the settlement proceeds from the accident will be available to the hospital.
How Do I Deal With The Hospital Lien?
Hospital service charges can be approximately two to three times more than the rate a health insurance company; therefore, it is possible that personal injury victims who are injured in accidents and have no health insurance are often overcharged. In these situations, it is highly recommended that one discuss the situation with a person who could handle the bill. Lawyers regularly deal with hospital liens and will be in a better position to acknowledge overcharging. While the liens law offers hospitals priority, the ability to refuse settlement without any proceeds to the injured party can be beneficial when obtaining reductions from the hospital.
Would I Need A Corpus Christi Personal Injury Lawyer?
Hospital collection departments are aware that the need for attorneys to assist with receipt and distribution of funds is essential and will often prefer an attorney is involved. It is for this reason that hospitals often consider the fees as an element in what the injured party will net. Corpus Christi personal injury lawyers can determine the validity of the hospital lien and argue the billing rates of other service providers.
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