How Do Medical Liens Affect Your Georgia Injury Settlement?
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A valid Georgia medical lien is paid out of the injury claim before you receive your share, but only if the provider followed the statute. Under O.C.G.A. § 44-14-470(b), hospitals, nursing homes, physician practices, chiropractic practices, and traumatic burn care practices have a lien for “the reasonable charges” of care, but the lien is “only a lien against such causes of action”, not against you or your property, and it is “subject, however, to any attorney’s lien”. Under § 44-14-471, the lien is invalid if it was not perfected on time, and it is not enforceable at all unless the provider first submitted a claim to each of your health insurers and had it rejected.
What makes a Georgia provider lien valid
| Requirement | Rule | Source |
|---|---|---|
| Written notice | At least 15 days before filing, to the patient and the parties claimed to be liable and their insurers, by first-class and certified mail or statutory overnight delivery, stating that the lien "is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt" | § 44-14-471(a)(1) |
| Verified statement filed with the superior court clerk | In the county where the provider is located and, for a Georgia resident, the county where the patient lives | § 44-14-471(a)(2) |
| Filing deadline | Hospitals, nursing homes, and traumatic burn care providers: within 75 days after discharge. Physician and chiropractic practices: within 90 days after the person first sought treatment for the injury | § 44-14-471(a)(2)(A), (B) |
| Consequence of missing a step | Failure to perfect "shall invalidate such lien", except as to a liable party that received actual notice of the notice and filed statement before the release or settlement | § 44-14-471(b) |
| Health insurance first | No lien is enforceable unless the provider "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" | § 44-14-471(c) |
A traumatic burn care practice qualifies only where burn care charges exceed $50,000 from a single accident (§ 44-14-470(a)(6)). A 2023 act, Senate Bill 168, amended §§ 44-14-470 through 44-14-473 on chiropractors’ liens; the text above reflects it.
Liens are not the only claims on a settlement
- Your attorney. The provider lien is expressly subject to any attorney’s lien (§ 44-14-470(b)).
- Medicare. If Medicare paid for accident-related care, an entity that receives payment from a liability insurer “shall reimburse the appropriate Trust Fund”, and a settlement can demonstrate the insurer’s responsibility “whether or not there is a determination or admission of liability” (42 U.S.C. § 1395y(b)(2)(B)(ii)).
- Letters of protection. Treatment provided on a promise of payment from the recovery is discoverable in detail for claims arising on or after April 21, 2025; see letters of protection and the 2025 law.
Checking a lien before you pay it
- Ask for the provider’s written notice and the verified statement, with the filing dates.
- Compare the filing date with the discharge date (75 days) or first treatment date (90 days).
- Confirm whether the provider billed your health insurance and received a rejection.
- Check that the amount reflects “reasonable charges” for accident-related care.
- If you are a Medicare beneficiary, identify every accident-related payment Medicare made before the settlement is distributed.
How settlement funds are divided when a workers’ compensation insurer also has a claim is explained in how the workers’ comp lien is calculated.
Sources
- O.C.G.A. §§ 44-14-470, 44-14-471 (text as published March 2024, reflecting the 2023 amendments).
- 42 U.S.C. § 1395y (Cornell Legal Information Institute)
- Georgia General Assembly, 2023 Summary of General Statutes Enacted, index entries for SB 168.
General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.