How Do Medical Liens Affect My Personal Injury Settlement in Pullman, WA?

What You Don’t Know Could Cost You Thousands

You’re injured, recovering, and trying to move forward after a car accident or another personal injury in Pullman, WA. Then your attorney calls:

“We’ve reached a settlement offer—but we need to deal with a few medical liens first.”

Wait. What’s a medical lien? Why is a hospital demanding part of your settlement money? And why wasn’t this in the commercials?

Let’s talk about the truth behind personal injury settlements—and how medical liens can quietly drain what you thought you were owed.

If you’re wondering how do medical liens affect my personal injury settlement, this guide explains:

  • What medical liens are
  • Whether you have one (or more)
  • How to get a hospital lien removed or reduced
  • How to protect your portion of the payout

Let’s break it down.

What is a Medical Lien?

A medical lien is a legal claim that allows healthcare providers to get paid directly from your settlement if you received treatment for accident-related injuries.

That includes:

  • Hospitals
  • Ambulance companies
  • Physicians
  • Nurses
  • Physical therapists

In Washington, these liens are governed by RCW 60.44—and they’re powerful.

RCW 60.44.010 gives medical providers the right to claim up to 25% of your settlement to recover costs.

And they don’t need your permission to file one.

How Do I Know If I Have a Medical Lien?

Good question—and unfortunately, you’re probably not going to get a polite notice in the mail.

Liens are often filed without your direct involvement. Providers record them with the county auditor, and you or your attorney may not find out until negotiations are well underway.

To check, your attorney will:

  1. Conduct a medical lien search in counties where you received care
  2. Review medical bills and statements
  3. Contact billing departments directly
  4. Verify whether a lien on your settlement proceeds has been recorded

You can also request a copy of the Notice of Lien from the provider if you suspect something is filed.

How Do Medical Liens Affect My Personal Injury Settlement?

1. They Take First Position on the Money

Medical liens are usually paid before you get anything. That means:

  • The gross settlement comes in
  • The attorney pays off valid liens
  • Then deducts legal fees and costs
  • You get the remainder

In many cases, a lien can eat up tens of thousands of dollars, especially if the hospital billed at their highest uninsured rates (which they often do).

2. They Delay Payment

If a lien is in dispute, the settlement funds can’t be released until the issue is resolved. This delay can last weeks—or months—if the lienholder drags their feet.

3. They Can Be Negotiated Down (But Only If You Know How)

Here’s the good news: hospitals rarely get paid the full amount listed on the lien.

Why?

  • Many providers inflate “list prices”
  • They’d rather get something than litigate
  • Washington law limits their lien rights to 25% of the settlement

A strong personal injury attorney can often cut those liens in half—or more.

How to Get a Hospital Lien Removed or Reduced in Washington

If you’re Googling how to get a hospital lien removed, you’re not alone. Here’s the step-by-step approach we use at Hess Injury Law to protect our clients’ settlements:

Step 1: Verify the Lien’s Validity

Per RCW 60.44.020, the hospital must:

  • File the lien within 20 days of treatment
  • Include the patient’s name, provider’s identity, treatment date, and injury details
  • Verify the claim under oath
  • File it in the correct county

If any of this is wrong, we challenge the lien immediately.

Step 2: Request an Itemized Statement

We ask for a detailed breakdown of charges. Common red flags include:

  • Duplicate billing
  • Inflated ER service charges
  • Charges for services not rendered

If the amounts are unreasonable, we use that as leverage to demand a reduction—or elimination.

 Step 3: Negotiate Before Settlement

Once the lien is paid out, you lose leverage. That’s why we negotiate aggressively before signing off on any settlement agreement.

We also explore health insurance liens on the settlement, which are different and may fall under ERISA or Medicaid rules.

Are Medical Liens Enforceable After Settlement?

Yes—but only if filed and handled properly.

Under RCW 60.44.050, a settlement does not eliminate the lien unless:

  1. The lienholder is paid as part of the settlement, or
  2. They sign a written waiver or release

If that doesn’t happen, the lien can be enforced in court—even after the money is disbursed.

That’s why we never close a case without resolving every known lien.

What About the Statute of Limitations?

Wondering about the medical lien statute of limitations?

  • In Washington, a lien must be enforced (i.e., sued upon) within one year of filing.
  • If the hospital doesn’t take action within that time, the lien may expire.

That said, you don’t want to bet on someone missing a deadline. It’s safer—and smarter—to deal with liens before they become a legal headache.

Pro Tip: Protect Yourself with the Right Injury Attorney

Most people think personal injury lawyers just help you “win your case.”

At Hess Injury Law, we go further. We make sure you actually keep what you win.

We’ve helped clients in Pullman:

  • Knock down $80,000+ hospital liens to under $20,000
  • Spot invalid or expired lien filings
  • Avoid paying a dime on inflated air ambulance bills
  • Settle cases only after all liens are accounted for

We don’t just write demand letters—we protect your payout.

Don’t Let Liens Take What You Deserve

If you’re asking how do medical liens affect my personal injury settlement, here’s the short answer:

They can take a huge bite out of your money—unless you know how to fight back.

Most liens aren’t obvious. Many are inflated. Some are flat-out illegal. But unless you or your attorney know how to spot and challenge them, they’ll quietly get paid first.

Don’t let that happen to you.

Talk to a Personal Injury Lawyer in Pullman Who Fights for What’s Yours

At Hess Injury Law, we don’t let lienholders walk all over our clients. We investigate every claim, push back on unreasonable charges, and make sure your settlement isn’t drained before you see a dollar.

Serving Pullman and all of Southeast Washington

Call us for a free, no-obligation consultation today or contact us online and ask how we deal with medical liens.

Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.

Author Bio

Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.

Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.

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