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Essential Things to Know. What are Hospital Liens

A personal injury case is a legal dispute that arises when someone is physically or emotionally injured due to another person or entity’s negligence or wrongful conduct. Personal injury cases are typically filed in civil court, although some may also be prosecuted in criminal court.

The main goal of a personal injury case is to seek financial compensation for the injured party. This can include reimbursement for medical expenses, lost wages, pain and suffering, and other damages. In some cases, the court may also order the responsible party to pay punitive damages designed to punish them for their misconduct.

Personal injury cases can be incredibly complex, and the outcome will often depend on the case’s specific facts. You or someone you know may have been injured due to the negligence of another individual. You should speak with an attorney to learn more about your legal options and rights.

Today’s article explores some essential aspects of personal injury cases you should know about—particularly hospital liens. Here’s what you need to know:

What are Hospital Liens?

A hospital lien is a legal claim that a hospital has on a patient’s property. If a patient’s home is sold, the hospital will get paid for the medical bills that they owe.

There are two types of hospital liens: voluntary and involuntary. Patients can have voluntary liens placed on their property at the request of their family or doctor. Involuntary liens can also be placed without their permission.

Hospital liens can have a significant financial impact on a patient’s ability to sell their property. It is important to understand how hospital liens work is important to make informed decisions about your medical care.


Requirements for a Valid Lien

A lien is a legal claim or right against a property, usually for paying a debt or other obligation. In order for a lien to be valid, it must be appropriately filed and recorded with the appropriate government office, and the person or entity claiming the lien must have a legal right to do so.

There are many different types of liens, but some of the most common include tax liens, mechanic’s liens, and homeowner association liens. Each type of lien has its specific requirements, but there are some general requirements that all liens must meet to be enforceable.

The first requirement for a valid lien must be in writing. The written document must contain the name of the person or entity claiming the lien and a description of the property against which the lien is being filed. The document must also be signed by the person or entity claiming the lien must also sign the document.

The second requirement for a valid lien must be recorded with the appropriate government office. In most cases, this will be the county recorder’s office. The recording of the lien shows the world that the person or entity claiming the lien has a legal interest in the property.

The third requirement for a valid lien is that the person or entity claiming the lien must have a legal right to do so. This means that the debt or obligation that is the basis for the lien must be legitimate and enforceable. For example, a mechanic’s lien can only be claimed if the work was performed and was not paid for.

The lien will be considered valid and enforceable if these requirements are met. The person or entity claiming the lien will be able to take legal action to collect on the debt, up to and including the sale of the property.

Who is Affected by a Hospital Lien?

Hospital liens can have a major financial impact on patients and their families. You may have difficulty selling or refinancing your home if you have a hospital lien on your property. You may also need help getting a loan to buy a car or other property.

In some cases, hospital liens can be discharged in bankruptcy. This means that the hospital will not be able to collect your debt. However, you should speak with an attorney to find out if this is an option. Understanding your rights and responsibilities is essential if you have a hospital lien on your property.

Can Hospital Liens Affect Your Personal Injury Case?

When you’re in the hospital, the last thing you’re probably thinking about is how your hospital stay will affect your personal injury case. But if you’ve been injured due to someone else’s negligence, it’s important to be aware of the possibility of hospital liens.

If you have a hospital lien on your personal injury case, the hospital will be paid out of any settlement or judgment you receive. This means you will have less money to cover your other damages—like lost wages, pain, suffering, and more.

How to Protect Yourself?

Suppose you have been injured in an accident and received hospital treatment. In that case, it is important to know the possibility of a hospital lien being placed on your personal injury settlement. If a hospital lien is placed on your settlement, the amount of the lien will be deducted from your settlement before you receive any money.

Fortunately, there are ways to protect yourself from a hospital lien. First, you should make sure that you have health insurance. If you have health insurance, the hospital will bill your insurance company for the cost of your treatment. Second, you should keep track of all the medical bills you incur due to the accident. These bills can be used to negotiate with the hospital to reduce or eliminate the hospital lien.

Suppose you have been injured in an accident. In that case, it is important to speak with an experienced personal injury attorney who can help you protect your rights and ensure that you receive the full compensation to which you are entitled.

Speak with an experienced personal injury attorney who can help you protect your rights


The Bottom Line

Hospital liens can put you in a difficult position, so you must talk to your lawyers and protect yourself. If you’re facing a hospital lien, you must speak with a lawyer. They can help you understand your rights and options. You may negotiate with the hospital to have the lien removed, or you may be able to work out a payment plan. Whatever you do, don’t ignore the problem. Hospital liens can majorly impact your finances, so it’s important to deal with them as soon as possible.

AK Law Firm helps individuals and their families receive financial compensation for personal injuries and continue forward with their lives. Our personal injury lawyers are committed to helping you receive the compensation you deserve. We only charge when we win the case. If you’re looking for personal injury lawyers in Houston, we can help you. Contact us today for a consultation.


Is It Possible to Change Accident Attorney Mid-Case

The attorney-client relationship is meant to be mutually beneficial, where the attorney provides legal advice and services to the client. However, suppose a client feels that the attorney is not providing adequate representation or is not a good fit. In that case, they have the right to end the relationship and switch to a different attorney at any time during their injury case for the following reasons:

  • The customer is unable to connect with their legal representative.
  • The lawyer is not responding to any communication or queries.
  • The lawyer has yet to disclose their plan of action regarding the case.
  • The lawyer still needs to provide updates or information about the case’s progress.
  • The claimant no longer trusts the lawyer to do their job correctly and provide the necessary support and guidance in their case.

Is it possible to change accident attorney mid-case? Yes, you can always change lawyers in the middle of a case. However, before deciding to terminate your legal representative, take some time to ponder the potential consequences. You can change your counsel anytime, but weighing the pros and cons before making this move is best.

It is likely to be a complex process if you need to change attorneys. The current lawyer may have an assignment or attorney lien, making it hard for a new lawyer to receive the right compensation for their work. This could be especially true if the lien is substantial.


Fire Your Accident Attorney Properly with These Steps

If a client is dissatisfied with their legal representation, the best course of action is to first meet with their lawyer to discuss the problem. Never do this virtually or via private messaging. If the two parties cannot agree, the client should review their contingency fee agreement and see the conditions for ending the contract.

Review the agreement you signed with your lawyer at the start of your legal representation. In addition to any fees agreed upon, you must notify your attorney formally that the relationship is ending.

To terminate the lawyer-client relationship, you need to send a certified or registered note to the attorney’s place of business. The letter should state that you are ending the professional relationship and that the accident attorney should immediately stop working on any matters related to your case. Lastly, you should also ask for an itemized billing of all charges and review it for discrepancies.

Following Texas law, a lawyer must return all documents related to the case to the client, and any payment received that they have not earned. This is a requirement upon the termination of a lawyer.

When termination happens, an attorney should do all that is feasible to safeguard their client’s best interests, like giving them a proper notification, providing a reasonable time to find a replacement lawyer, returning all items belonging to the client, and reimbursing any unearned fees.

It has been held by some Texas courts and the Fifth Circuit that a lawyer is entitled to retain a client’s records as collateral for outstanding fees. This was established in cases such as Nolan v. Foreman, 665 F.2d 738 (5th Cir. 1982) and Griffith v. Geffen & Jacobsen, P.C., 693 S.W.2d 724 (Tex. App.—Dallas 1985, no writ).

If you are unsure about your legal rights, it is best to consult with another lawyer to get a better understanding.

Hire a New Lawyer with These Steps

Once the claimant has determined that it is time to move on from their current lawyer, they should begin the search for a new one.

It’s essential to thoroughly research your new legal advisor before making a decision. Make sure to look into their reviews and recommendations. Our firm typically can work out an arrangement with the former lawyer that is agreeable to both parties and takes into account their past services.

When a client has already hired a lawyer, we may agree to take over the case and pay the original lawyer a fair amount from the attorney’s fees portion of the contingency fee. This means that the client will only have to pay the extra money.

The client needs to know that when they switch lawyers, the new attorney may need some time to become familiar with all facts and facets of their case.

Additionally, there are protocols to legally change attorneys and remove the old one from the case. Whether the case is on trial will determine which steps are necessary.

The client needs to know that when they switch lawyers, the new attorney may need some time to become familiar with all facts and facets of their case.


In Summary

You need to terminate your current attorney’s services if there is a failure to communicate properly between the client and the legal representative. There must be a good cause to change lawyers. Consider the time and effort costs, as well. Your case will start from scratch, making it difficult to obtain enough recovery time.

AK Law Firm Makes Legal Representation Easier for You

Concerned about changing a Houston accident attorney mid-case? With the AK Law Firm, you don’t have to be. We’re committed to fighting for the compensation you deserve, charging only when we win a case. If you’re dissatisfied with your current representation, let us know so we can find a suitable replacement. Call us for a free consultation at (832) 699-5559!