Medical Liens and Personal Injury Settlements in New Hampshire

Disclaimer: This is not legal advice. It is for informational purposes only.

Detailed Answer

In New Hampshire, medical and hospital providers can assert liens against your personal injury recovery. Under RSA 507:7, hospitals secure statutory liens for services related to a personal injury. Physicians and other medical professionals obtain similar liens under RSA 507:14. These liens attach to any settlement or judgment for the injury.

Statutory Lien Requirements

• Hospital Liens: RSA 507:7 authorizes hospitals to file a lien by recording a written notice in the county registry of deeds. See RSA 507:7 (gencourt.state.nh.us/rsa/html/V/507/507-7.htm).
• Professional Services Liens: Under RSA 507:14, physicians, surgeons, and related providers have a lien once they record their claim. See RSA 507:14 (gencourt.state.nh.us/rsa/html/V/507/507-14.htm).

Priority and Enforcement

Validated liens generally have priority over other unsecured creditors. Providers may enforce unpaid liens through court action if funds remain after your settlement. You must satisfy valid liens before distributing net proceeds.

Petitioning the Court to Resolve Liens

If a dispute arises over lien validity or amount, you can petition the Superior Court under RSA 507:9 to determine lien scope and priority. See RSA 507:9 (gencourt.state.nh.us/rsa/html/V/507/507-9.htm).

Negotiating Medical Liens

Many providers will negotiate liens, often accepting a percentage of billed charges. Negotiation becomes easier if you have health insurance or government benefits. Always get written confirmation of any reduced lien.

Health Insurance Subrogation

If your health insurer or government program paid bills on your behalf, they may pursue subrogation. Subrogation claims differ from statutory liens and may follow federal ERISA rules. Review your insurance contract to understand your reimbursement obligations.

Helpful Hints

• Request a detailed lien statement early to estimate your financial exposure.
• Allocate settlement proceeds explicitly for medical expenses to limit lien scope.
• Consult with an attorney before finalizing any settlement to address liens.
• Consider a court order under RSA 507:9 if lien disputes persist.
• Keep thorough records of all medical bills, payments, and lien communications.