Legal Question in Personal Injury in Texas

Re: Medical Lien

It depends on the settlement agreement, but probably so.

Andrew Traub

Austin Injury Attorney

Re: Medical Lien

In Texas, all settlements (unless specifically agreed to otherwise) presume that the claimant (you) will have to pay your own medical bills and expenses out of the proceeds of the settlement. Also, if there is a "lien" (a statutory or contractual interest held by someone else, such as a hospital or your health insurance), the lienholder is usually entitled to be paid first out of the settlement proceeds. Note, however, that liens can often be negotiated down. When you hire an attorney to negotiate your settlement, he or she is usually able to maximize your settlement while, at the same time, minimizing the amount you have to repay to the lienholder. It is usually false economy to attempt to settle a claim by yourself because you will come out better with an attorney, even after paying his or her fee.