Jim Adler | The Tough, Smart Lawyer
By Jim Adler February 16, 2017

Photo by hayesphotography (iStock by Getty Images)

If you were injured in a car accident, were treated at a hospital and then received a hospital lien, you may be wondering what a hospital lien means for your auto injury case. Jim Adler — “The Texas Hammer” — has answers for you, as do the other knowledgeable injury lawyers at Jim Adler & Associates law firm in Houston, Dallas, San Antonio and Channelview.

Why Did I Get a Hospital Lien?

Why did you receive a hospital lien? It’s likely because you were treated for a car crash injury in an emergency room or at a hospital and were unable to pay the bill yourself or lacked insurance to cover it (though hospital liens also don’t attach to your own insurance if you have it).

By Texas law, a hospital has a legal right to issue a lien which protects it from this situation. With a hospital lien, the hospital in effect claims payment for its services from the negligent third party who was responsible for the accident — that is, the bad driver whose mistake caused your injury in an auto accident.

That law is the Texas Hospital and Emergency Services Lien statute first passed by the Texas Legislature in 1933. It is also known as Chapter 55 of the Texas Property Code.

A hospital lien will attach to the lawsuit or claim you file for your injuries in an auto accident if you were admitted to a hospital within 72 hours of the accident causing the injury. The lien will extend as well to any other hospital to which you are transferred along with any follow-up hospitalizations, all within the first 100 days of the accident injury occurring.

A hospital lien will not attach to workers’ compensation claims, first-party insurance proceeds (a claim with your own insurer) or wrongful death claims.

Hospitals are required by law to file the lien with the county clerk before the settlement is paid. With the lien in place, an auto liability insurance company must include the name of the hospital on any settlement checks.

Why Don’t Hospitals Bill My Health Insurance Instead?

As for why hospitals don’t just bill your health insurance instead of issuing a lien on your injury claim, the answer is simple: Hospitals hope to get paid more via your eventual injury case settlement than by billing your insurer directly for the injury.

If a hospital bills your insurance, it gets paid a contractually adjusted amount, rather than the full bill. By issuing a hospital lien on your claim, the hospital may get the full amount of its original bill out of its share of the settlement.

Unfortunately, this works against you, since hospitals tend to inflate their actual costs when billing for services, in anticipation of receiving a smaller portion of those costs. When a hospital lien is placed on your claim, a hospital may be paid the entirety of its inflated bill out of your settlement amount — which can leave you with nothing.

Why Don’t Hospitals Bill the Bad Driver’s Insurance?

You also may be wondering why hospitals don’t bill the insurer of the bad driver who caused your injury, rather than placing a lien on your injury claim. That’s because you won’t be paid anything for your auto liability insurance claim against the bad driver’s insurer until after all of your expenses for ongoing treatment are amassed.

It’s often months until the bad driver’s insurance company offers a lump sum settlement to compensate you for your injury costs, and hospitals don’t want to wait that long.

What Can I Do About a Hospital Lien?

As for what you can do about a hospital lien, you can contact the skilled injury attorneys of Jim Adler. The Adler law firm has decades of experience handling hospital liens in injury cases. Its injury lawyers can work to protect you from having your entire settlement go to a hospital, with nothing left to compensate you for your lost wages or your pain and suffering due to a bad driver’s negligence.

Contact an injury lawyer with Jim Adler’s law firm today, and you will get a free legal evaluation of your case. After an auto accident injury, you need a car accident injury lawyer to help protect you and your future settlement against a hospital lien.

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Google Reviews

I went to the office and everyone was so considerate and professional , so my first impression was good, I felt like I was in good hands. Then I received a call from Vanessa Garcia, she was on top of EVERYTHING! I never had to call her, she always called me. She even called to see how I was doing , and if I needed help with anything. That is why I have absolutely no worries.read more
13:42 01 Jun 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!read more
Tierra Clark
Tierra Clark
18:52 19 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
Tori Barroga
Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
Erick Becker
Erick Becker
01:20 06 May 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.read more
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.read more
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
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