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Often, an injured person is not able to collect compensation for their injuries and losses until first paying off or resolving one or more “liens” and/or “subrogation” claims attached to their personal injury case. 

A “lien” is a legal right someone has against the property of another (including their personal injury case). 

“Subrogation” is a legal right that allows someone who has made a payment on behalf of another person (e.g. an injured person) to collect the money that has been paid from that person.

There are many different types of liens and rights of subrogation in personal injury context.  Below are the most common:
Hospital Liens
In Texas, a hospital has a lien on one’s personal injury case for the amount owed for the medical treatment provided in the hospital for injuries sustained as a result of the negligence of another person. Texas Property Code Sec. 55.002 [Click Here to learn more] (one must be admitted to a hospital not later than 72 hours after the accident for the lien to attach).

Medicaid and Medicare Liens
If Medicaid has paid for medical expenses related to one’s personal injury case, Medicaid has a lien on the case.
Similarly, if Medicare has paid for medical expenses arising from an injury, Medicare has a lien on the related personal injury case.

Veterans Administration Liens
Veterans Administration (VA) has a lien on a personal injury case for the medical expenses VA paid for medical treatment arising from one’s personal injury. 

Health Insurance Subrogation 
If your health insurance paid medical expenses for injuries arising out of a personal injury, the health insurance company may have a contractual right of subrogation against your personal injury case for the amount it paid.

Workers Compensation Subrogation
In the event that workers compensation paid for one’s medical expenses arising from a work-related injury, the workers compensation carrier has a right of subrogation against one’s third party personal injury case for the amount that was paid. Texas Labor Code, Section 417.001. [Click Here to learn more]

Child Support Liens
In Texas, if the injured person owes back child support, there is a lien on their personal injury case. Texas Family Code, Section 157.312 and Section 157.317. [Click Here to learn more]

Laws pertaining to liens and subrogation are complex.  For instance, some liens do not apply to certain types of recovery (e.g. a hospital lien does not attach to recovery of uninsured motorist benefits or underinsured motorist benefits).  Also, some liens or subrogation claims are reduced by statute.
In the course of representing our clients, we address liens and subrogation claims in an effort to reduce and, if possible, eliminate them, so as to maximize recovery for our clients. This is often time consuming and labor intensive work. 


If you or a loved one has been injured due to the carelessness of someone else, call the Law Offices of Alexander M. Gurevich now at  (713) 224-9600. The initial consultation is free of charge. If we agree to accept your case, we will work on a contingent fee basis. This means you pay for our services only if you recover a monetary award or settlement.

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