Understanding Medical Liens After a Car Accident
If you suffer car accident injuries in Georgia and seek medical treatment, you may face medical liens before your personal injury claim is resolved. Hospitals, physician practices, and other medical providers can file liens to secure payment for medical services rendered. These liens can affect how much of your personal injury settlement you keep. Knowing how medical liens work and how Georgia law treats them is essential for protecting your financial recovery.
In this blog, you will learn how medical liens work in Georgia car accident cases, how they impact your personal injury settlement, and why working with an experienced Georgia car accident lawyer is important to protect your recovery.
What Is a Medical Lien in a Car Accident Case?
After a car accident, medical treatment often begins before insurance or settlement money becomes available. When this happens, medical providers may file a medical lien to secure payment for the services they provide.
Medical Liens Explained
A medical lien is a legal claim placed by a healthcare provider, hospital, or chiropractic practice against an injured person’s personal injury claim. It allows the provider to be repaid from the settlement proceeds of the personal injury case. Medical liens are common when the injured person does not have health insurance or cannot pay for treatment immediately.
When Medical Liens Are Used
Medical liens often appear in cases involving car accident injuries such as spinal cord damage, head injuries, neck pain, or limb fractures. In severe cases, traumatic burn care practices and skilled nursing home facilities may file liens to recover costs from medical services provided.
Who Can File a Medical Lien?
In Georgia, hospitals, licensed physicians, and certain medical facilities can file liens for reasonable charges tied to medical services rendered for such injured person. This includes emergency care, surgeries that require surgical correction, and long-term hospital care. A burn care medical practice, for example, may file a lien after treating severe burns caused by a collision.
Why Medical Liens Matter in Personal Injury Claims
Medical liens directly impact how much money an injured person receives from a personal injury settlement. If the lien is valid, it must be paid from the recovery amount before the injured person receives their share. This is why working with a car accident attorney is important to review the lien amount and challenge any part that covers unpaid portions or inflated costs.
Georgia Law on Medical and Hospital Liens
Georgia has specific laws that allow hospitals and medical providers to file liens after treating patients injured in car accidents. These laws define who can file, how they must file, and what rights the injured person has.
The Hospital Lien Law in Georgia
Under O.C.G.A. § 44-14-470, a hospital, physician practice, or corporation operating a licensed medical facility can file a lien for medical services rendered to a person injured by another’s negligence. The lien is limited to the reasonable charges for necessary hospital care, surgical correction, and related medical treatment tied directly to the car accident injuries.
Requirements for a Valid Lien
To be legally enforceable, the lien must meet strict requirements. It must be filed in the county where the medical care was provided and also in the county where the injured person lives. The lien must include the name and address of the injured person, the name of the person responsible for the injury, the dates of treatment, and the name of the healthcare provider. A copy must also be sent to the injured person and their car accident attorney.
Limits and Protections for the Injured Person
Georgia law does not allow medical providers to place a lien on an injured person’s home, wages, or unrelated assets. The lien only attaches to the personal injury settlement or jury award connected to the accident. If the lien amount is unreasonable or includes charges unrelated to the injury, the injured person or their car accident lawyer can dispute it in trial court.
Notable Case Example
In Macon-Bibb County Hosp. Auth. v. National Union Fire Ins. Co., the Georgia Supreme Court ruled on how liens must be filed and how insurance payments affect a valid lien. The decision clarified how providers must follow the law closely to protect their right to secure payment from settlement proceeds.
Who Can File a Medical Lien?
In Georgia, not all medical providers can file a lien. The law clearly defines who has the legal right to claim part of a personal injury settlement after providing treatment for car accident injuries.
Hospitals and Medical Facilities
Licensed hospitals, including community health systems and hospital authorities, can file liens for medical services rendered. This includes emergency care, surgical correction, and extended hospital care for injuries such as spinal cord damage, head injuries, or limb loss. Facilities like MCG Health and others offering trauma care often rely on liens when treating patients without immediate payment.
Physicians and Medical Practices
A licensed physician practice that treats car accident injuries also has lien rights. This includes treatment for neck injuries, facial injuries, and back injuries. Chiropractic practices that provide ongoing medical assistance for neck pain or whiplash may also qualify under the statute.
Skilled Nursing and Burn Care Providers
Skilled nursing homes and traumatic burn care practices may qualify to file liens if they meet the licensing and care requirements under Georgia law. This often applies in severe cases where injured persons require long-term medical treatment, including traumatic burn recovery and rehabilitation for crush injuries.
Limitations on Who Can File
Not every medical provider can claim a lien. The provider must be licensed and must have delivered treatment related directly to the car accident. Mental health counselors, unlicensed therapists, and unrelated service providers typically do not qualify. Only medical services provided for the actual injury can support a valid lien.
How a Georgia Car Accident Attorney Can Protect Your Recovery
Medical liens can reduce the amount you receive from a personal injury settlement. A Georgia car accident attorney helps protect your financial recovery by reviewing, negotiating, and resolving lien claims.
Reviewing Medical Liens for Accuracy
A car accident attorney examines each medical lien to confirm it is a valid lien under Georgia law. This includes checking if it was properly filed, if the charges are for medical services rendered, and whether the lien is limited to reasonable charges. Providers sometimes file for more than what was directly related to the car accident injuries. Reviewing the lien helps prevent overpayment.
Negotiating Lien Amounts
Attorneys often reduce lien balances by negotiating directly with healthcare providers, hospital authorities, or chiropractic practices. Many medical facilities accept lower payments, especially if the settlement proceeds are limited. This is common in serious injury cases involving spinal cord damage, traumatic burn care, or limb fractures, where treatment costs are high.
Challenging Invalid or Inflated Liens
Some liens include charges for medical services unrelated to the accident or for inflated rates. A car accident attorney can file a challenge in trial court if the lien exceeds fair billing. Georgia law supports the injured person’s right to dispute liens that are not based on reasonable charges.
Coordinating with Health Insurance and Other Payers
An experienced attorney reviews how health insurance, MedPay, or other coverage affects the lien. In many cases, a lien should be reduced if another source has already covered part of the medical care. This step avoids paying the unpaid portion twice.
Protecting the Final Settlement
Before any personal injury settlement is finalized, the attorney ensures that all lien claims are addressed. This prevents future disputes and ensures the injured person receives their share of the settlement. Without this review, the lien may consume a large part of the recovery, especially in severe cases involving hospital care and surgical correction.
Contact an Experienced Georgia Car Accident Attorney Today!
If you’ve been injured in a car accident and are facing medical liens, it’s important to act quickly to protect your rights and your settlement. Our team at 1Georgia Injury Lawyers understands Georgia’s lien laws and how they impact your personal injury case.
Contact us at (800) 800-8000 for a free case consultation today!
