If you suffer injuries in an accident due to someone else’s negligence, you may wonder how you will cover your medical expenses while your personal injury case is pending. One way to manage those costs could be through a medical lien, allowing a healthcare provider or insurer to recover medical costs from any personal injury settlement or judgment you obtain. In Georgia, these liens help medical providers get paid for treating injuries caused by another’s negligence.
Understanding how Georgia medical liens work and how they affect your settlement can help you plan for the future while your personal injury claim is pending. If you would like to learn more about how to cover your medical expenses while your personal injury case is being resolved, contact us today at Sherrod & Bernard, P.C. We can put more than 85 years of combined legal experience to work for you.
What Is a Medical Lien?
A medical lien promises that your medical bills will be paid from the compensation you receive once your personal injury case gets resolved, typically through a settlement. The Georgia medical lien statute (Ga. Code § 44-14-470) governs how hospitals and other medical providers can create liens on personal injury settlements. The lien ensures that once you reach a settlement or receive a judgment in your case, your medical providers will be paid before you receive the remaining funds.
Common situations involving medical liens include the following:
- Car accidents — If another driver injures you in a car accident, your medical providers can put a lien on your settlement to cover the cost of your treatment.
- Slip-and-fall injuries — If you slip and fall on someone else’s property, any medical treatment you receive due to that injury can also lead to a medical lien.
- Workplace accidents — If you are injured at work and file a workers’ compensation claim, some medical providers may place a lien to recover unpaid medical expenses.
The relationship between medical liens, settlements, and medical providers is straightforward. Once you receive compensation from the responsible party’s insurance or through a personal injury lawsuit, your medical providers will be paid directly from that settlement before you can receive your funds.
Sometimes, a person can negotiate the amount of the lien, especially if the settlement is smaller than expected. Working with a Georgia personal injury attorney is the best way to determine how medical liens could affect your settlement and potentially negotiate lower bills.
Who Can File a Medical Lien in Georgia?
The following parties are eligible to file a medical lien in Georgia:
- Hospitals and nursing homes — Any licensed hospital or nursing home that treats accident-related injuries can file a lien to recover care costs.
- Doctors — Individual physicians or medical practices who treat the injured party can assert a medical lien for their services.
- Chiropractors — Chiropractors who treat injuries caused by accidents, such as back or neck pain, are also eligible to file liens for their services.
- Insurers — Health insurance companies or other entities that pay for medical care on behalf of the injured party may file a lien to recover the costs they covered.
Documentation Requirements for Filing a Medical Lien
Filing a medical lien requires specific documentation and notice. Here’s what the filing party has to provide:
- Written notice — The lienholder (the party that provided medical care) must give written notice of the lien to you or your legal representative. This notice will outline the amount claimed and the reason for the lien.
- Filing in court — Next, the lien has to be filed in the county where your treatment was provided.
- Statement — Finally, the lienholder must include a detailed statement about your care. This should include your name and address, the date of your accident, and the total amount they request.
These documentation steps must be followed so that the lien is enforceable under Georgia law.
What Is the Timeframe for Filing a Medical Lien?
Georgia law (Ga. Code § 44-14-471) sets the time limits for filing medical liens. In most cases, the lien must be filed within 75 days of providing medical services. The lienholder must also send written notice to the injured party or their attorney within 30 days of filing the lien.
Failing to meet these deadlines can invalidate the lien and leave it unenforceable. If you believe a lienholder failed to meet the appropriate deadlines, your personal injury attorney can investigate and advise you on your options.
What Do I Do If My Medical Bills Arrive Before I Receive a Settlement?
Many injury victims cannot afford to pay medical bills before they receive their settlement, especially if they cannot work thanks to their injuries. Several strategies may be available, including the following:
- Negotiate payment terms — Many medical providers understand that personal injury cases take a long time and may be willing to work with you. They might offer payment plans, reduced rates, or deferred payments until your case is resolved.
- Health insurance — If you have health insurance, it can cover your initial medical bills. Your insurer may later seek reimbursement. Still, this option can provide relief while your case is pending. Be sure to inform your attorney of any payments your healthcare insurer makes, which could affect your settlement negotiations.
- Medical liens — A medical provider may agree to treat you under a medical lien. So, you can receive the necessary treatment without worrying about immediate out-of-pocket costs. You should be sure to discuss this option with your attorney to make sure the agreement is reasonable.
Keep records of your medical expenses, including medical bills, receipts, insurance statements, and documentation of payment arrangements.
Get Help from an Experienced Georgia Personal Injury Lawyer
For more than 30 years, Sherrod & Bernard, P.C.’s hard-working attorneys have protected the rights of personal injury victims and their families in Douglasville and throughout Georgia. We have built our reputation on respect and results. We can negotiate with your healthcare providers to reduce the medical lien in your case and help you challenge any invalid or excessive lien. Our goal will be to maximize your compensation. Get started today. Contact us now for a free consultation.
