If you were hurt and treated in Georgia, the hospital or doctor may file a “lien” on your injury claim. A lien is a legal claim to be paid from your settlement or verdict. The lien is only against your claim, not against you or your property. The provider must follow strict notice and filing deadlines, and it must first bill your health insurance and be turned down.
What the Law Says
O.C.G.A. § 44-14-470, Definitions; lien on causes of action, states in part:
(b) Any person, firm, hospital authority, or corporation operating a hospital, nursing home, physician practice, or chiropractic practice, or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital, nursing home, physician practice, chiropractic practice, or traumatic burn care medical practice care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice care, subject, however, to any attorney’s lien and in the case of any chiropractic lien, said lien shall also be subject to any hospital lien. The lien provided for in this subsection is only a lien against such causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such person’s failure to pay a debt.
O.C.G.A. § 44-14-471, Perfection of lien, sets the deadlines. The provider must give written notice at least 15 days before filing, and then file a verified statement in the superior court clerk’s office:
(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 days after the person has been discharged from the facility; or
(B) If the statement is filed by a physician practice or chiropractic practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice or chiropractic practice for the injury.
Subsection (c) adds the health insurance rule:
(c) No filing of a claim or lien under this part shall be enforceable unless the person, firm, hospital authority, or corporation operating a hospital, nursing home, physician practice, chiropractic practice, or traumatic burn care medical practice filing such claim or lien first submitted a claim to each health insurer of the injured person, if such injured person has health insurance coverage, and had such claim rejected.
You can read the full statutes on the Georgia General Assembly’s official code site.
In Plain English
A lien is a legal hold on money. Here, the money is whatever you recover from the person who hurt you. Georgia gives this lien to hospitals, nursing homes, physician practices, chiropractic practices, and providers of major burn care. The lien covers the “reasonable charges” for treating your injury.
The most important protection is in the statute itself. The lien attaches only to your “cause of action,” which is your legal claim against the person at fault. It is not a lien against you, your house, your car, or your bank account. The statute also says the lien is not proof that you failed to pay a debt. It should not be treated like a collection account.
The lien comes behind your attorney’s lien. That means your lawyer’s fee is paid first. A chiropractor’s lien also comes behind any hospital lien.
To make the lien valid, the provider must take two steps in order. First, at least 15 days before filing, it must send written notice to you and to the people or insurers you claim are at fault. The notice must go by first-class mail plus certified mail or overnight delivery. It must state that the lien is not a lien against you or your property. Second, the provider must file a sworn statement with the superior court clerk in the county where it is located and in the county where you live. The statement lists your name, the provider’s name, your admission and discharge dates or treatment dates, and the amount claimed.
The deadlines are strict. A hospital, nursing home, or burn care provider must file within 75 days after you are discharged. A physician practice or chiropractic practice must file within 90 days after you first sought treatment for the injury. If the provider misses these steps, the lien is invalid. There is one exception. The lien can still bind a defendant or insurer that received actual notice of the lien before paying a settlement.
Providers must also bill your health insurance first if you have it. The lien cannot be enforced unless the provider submitted a claim to each of your health insurers and had the claim rejected. This stops providers from skipping your insurance to chase the full billed price from your settlement.
Liens are often negotiable. Because the lien is limited to “reasonable charges,” and because the provider can collect only from your recovery, your lawyer may be able to negotiate a reduced payoff. This is especially true when your settlement is small compared to your bills.
Example
Devon is hurt in a rear-end crash in Albany on January 12, 2026. He spends four days at a hospital and is discharged on January 16. His hospital bill is $42,000. Devon has health insurance through his wife’s employer.
On February 20, the hospital mails Devon and the other driver’s insurer a lien notice. On March 15, it files a verified lien statement with the superior court clerk. That is 58 days after discharge, so it is within the 75-day deadline. But the hospital never submitted the bill to Devon’s health insurer. Under subsection (c), the lien is not enforceable until the hospital bills the insurer and has the claim rejected.
Suppose instead that the hospital did bill the insurer and was rejected. Devon later settles for $75,000. His lawyer’s one-third fee of $25,000 comes off first. The hospital’s lien then attaches to the remaining money. Devon’s lawyer negotiates the $42,000 lien down to $28,000, and Devon keeps $22,000.
Key Points to Remember
- Hospitals, nursing homes, physician practices, chiropractors, and burn care providers can lien your injury claim.
- The lien is only against your claim, not against you or your property.
- Your attorney’s lien is paid first.
- The provider must send written notice at least 15 days before filing the lien.
- Hospitals must file within 75 days of discharge; physician and chiropractic practices within 90 days of first treatment.
- If the provider misses the deadlines, the lien is invalid, unless the defendant or insurer had actual notice before paying.
- The provider must bill your health insurance first and be rejected before the lien can be enforced.
Related Georgia Laws
- Georgia Medical Bills Evidence After SB 68
- Georgia’s Time-Limited Demand Law
- Georgia Minimum Auto Insurance Requirements
- Court Approval of Minors’ Settlements in Georgia
- Damages in Georgia Injury Cases
- Calculating Damages
- Auto Accidents
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for sections 44-14-470 and 44-14-471
This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.