# What Is a Lien on a Personal Injury Case? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Texas Personal Injury Lien Law 2. How To File a Lien 3. Limitations on Personal Injury Liens 4. How a Lawyer Can Help 5. CONTACT THE HOUSTON PERSONAL INJURY LAWYERS AT ATTORNEY BRIAN WHITE PERSONAL INJURY LAWYERS FOR HELP ![What Is a Lien on a Personal Injury Case?](https://attorneybrianwhite.com/wp-content/uploads/2022/09/what-is-a-lien-on-a-personal-injury-case-300x200.jpg) In a personal injury case, a lien is a healthcare provider’s right to deduct money from your compensation. [Texas](https://www.texas.gov/) law forbids healthcare providers from denying emergency medical treatment. Nevertheless, that doesn’t mean they can’t aggressively seek payment after they have rendered these services.  A lien can attach to a court judgment or a private settlement. It can also attach to the decision of certain government agencies or even the right to file a lawsuit. The availability of liens is particularly important in [truck accidents](https://attorneybrianwhite.com/houston-tx/truck-accident-lawyer/), [motorcycle accidents](https://attorneybrianwhite.com/houston-tx/motorcycle-accident-lawyer/), and other accidents that produce [catastrophic injuries](https://attorneybrianwhite.com/houston-tx/catastrophic-injury-lawyer/) with high medical bills. You can use a lien as a substitute for payment until you receive personal injury compensation. ## Texas Personal Injury Lien Law [Chapter 55 of the Texas Property Code](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.55.htm) governs personal injury liens in Texas. If you suffer from an accident that is “attributed to another person’s [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/),” your emergency health care provider can file a lien with the county government. If you suffer an injury, sue the negligent party, and win, your emergency healthcare provider can deduct the lien amount from your settlement before you receive money. However, the amount of the lien is not necessarily limited to emergency medical treatment. A hospital might agree to treat all your medical needs and take a lien on your personal injury compensation. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## How To File a Lien The healthcare provider must file a personal injury lien with the local county property records.   A lien would include identifying information about you, your healthcare provider, and the at-fault party. Your healthcare provider must then:   - Send you a written notice that includes (i) the name and address of you and your healthcare provider, (ii) the date of the accident, and (iii) the name of the liable party (most likely an insurance company). - File a lien at the county clerk’s office. A lien will not attach to money that you received before the day your healthcare provider filed it.  - Your healthcare provider must send you or your lawyer a written notice within five business days of confirmation of the lien. If your healthcare provider followed these steps, the lien is probably valid.  ## Limitations on Personal Injury Liens Following are some limitations on how your healthcare provider may use a lien: - Texas personal injury liens do not attach to Uninsured/Underinsured Motorist (UIM) benefits, [PIP benefits](https://www.bankrate.com/insurance/car/texas/), Med-Pay, wrongful death recoveries, worker’s compensation awards, or funds covered by the Federal Employees Liability Act. - Chiropractors, physical therapists, and many other healthcare providers cannot file personal injury liens. - Your healthcare provider must begin treating you within 72 hours of the accident to file a personal injury lien. - Personal injury liens are not available in any Texas county with a population of more than 800,000. This “ban list” currently includes Collin, Dallas., Denton, El Paso, Harris, Hidalgo, Travis, Bexar, and Tarrant counties. - A Texas personal injury lien is limited to expenses arising during your first 100 days of hospitalization. - Your healthcare provider cannot charge you more than $1,000 for ambulance services provided during the first 72 hours after your accident. - If your healthcare provider has the opportunity to bill your health insurance provider, then it must do so, and it cannot file a lien for any unpaid portion of the bill. - Your healthcare provider must charge you at a “reasonable and regular rate” for their services. - The total amount of the lien cannot exceed the lesser of (i) your healthcare provider’s bills for your first 100 days of hospitalization or (ii) 50% of the total amount you receive in a settlement or judgment. As you can see, there are a number of limitations that are in place, many of which are intended to benefit or protect the personal injury victim. [Click to contact](/contact-us/) us today ## How a Lawyer Can Help If you suffer a serious injury that generates high medical bills and keeps you out of work for a long time, you might desperately need a personal injury lien to pay your medical bills as they come due. A skilled personal injury lawyer can help you arrange a lien by negotiating with hospitals, auto insurers, and health insurance companies. Complete a [Case Evaluation Form](/contact-us/) Now ## CONTACT THE HOUSTON PERSONAL INJURY LAWYERS AT ATTORNEY BRIAN WHITE PERSONAL INJURY LAWYERS FOR HELP Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://m.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F%2F&wtsid=rdr_0ejR9Q2g8nfHzIKgu/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/03/lawyer-consultation-with-his-client-in-the-office-of-the-attorney.-1127072602_1258x838-300x200.jpeg)](https://attorneybrianwhite.com/blog/four-reasons-why-a-personal-injury-lawyer-will-not-take-your-case/) [Four Reasons Why a Personal Injury Lawyer Will Not Take Your Case](https://attorneybrianwhite.com/blog/four-reasons-why-a-personal-injury-lawyer-will-not-take-your-case/) One of the first steps to filing a claim is finding a lawyer to represent you. However, a personal injury attorney can [![Res Ipsa Loquitur](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/res-ipsa-loquitur/) [Res Ipsa Loquitur](https://attorneybrianwhite.com/blog/res-ipsa-loquitur/) “Res ipsa loquitur” means “the thing speaks for itself.” It is a way of proving someone liable for [![Understanding Assumption of Risk in Texas](https://attorneybrianwhite.com/wp-content/uploads/2021/08/Understanding-Assumption-of-Risk-in-Texas-1-300x200.jpg)](https://attorneybrianwhite.com/blog/understanding-assumption-of-risk-in-texas/) [Understanding Assumption of Risk in Texas](https://attorneybrianwhite.com/blog/understanding-assumption-of-risk-in-texas/) When you’re injured, you may be able to pursue compensation by filing a claim to collect from the insurance of a [![No-Fault vs. At-Fault Insurance](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/no-fault-vs-at-fault-insurance/) [No-Fault vs. At-Fault Insurance](https://attorneybrianwhite.com/blog/no-fault-vs-at-fault-insurance/) Each state has its own laws that regulate car insurance. The significance of whether a state has no-fault or --- Source: https://attorneybrianwhite.com/faqs/what-is-a-lien-on-a-personal-injury-case/