My child was injured in March of 2011. We are in the process of settling a personal injury claim with the 3rd party that injured my son. We received a letter on April 1st 2012from the Hospital that treated my son in March 2011. seeking a lien for repayment. we have not settled with the 3rd party yet but plan to within a week or two. Can they put a lien on us this late?
In Arizona, hospitals and other health care providers can record liens against personal injury settlements to secure payment of treatment charges. However, in order to enforce such a lien, certain "perfection" requirements must be met. Whether the lien in your case is enforceable will depend on a variety of factors, including when the treatment occurred. You may want to visit with an attorney to discuss the details of your case. Please also be aware that health care provider liens, even when properly perfected, are highly negotiable.
Disclaimer - We have not created an attorney/client relationship. Please do not consider this legal advice addressing your specific case.
The short answer is yes. You will want to look at A.R.S. Section 33-931 and 33-932. Liens are a very complicated issue to deal with and it is a frustrating subject for us attorneys. I suggest that you contact an attorney to have the attorney help you with the lien issues. Many times liens can be negotiated to a very reduced amount. It is also important to determine if the hospital has received payment from any health plan and the source and amount of payment to the hospital if any. If your son is less than 18 and the claim will need approval from the probate court sometimes you can use that as leverage against a hospital lien. Good luck.
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