My child was injured in March of 2011. We are currently in the process of settling the personal injury claim with the 3rd party that injured him. We’ve now received a letter from the hospital where he received treatment notifying us that they are seeking a lien for repayment. It will probably be another week or two before we settle with the 3rd party. 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.