Court Strikes Down Hosptial Lien Law | Daytona Beach Personal Injury Attorney

 

The First District Court of Appeal recently published an opinion that could be helpful to our personal injury clients.  There is a law in Florida called the “Alachua County Lien Law.”  This law entitles any charitable hospital in Alachua County to a lien on all lawsuits or claims arising from the injuries necessitating the hospital care.   There are other similar laws throughout the state.

 This is problematic for our clients because it often results in the hospitals getting paid more than they would have if an insurance company had paid the bill and it comes out of the client’s settlement or verdict. 

The First District Court of Appeal recently found this law unconstitutional.  The Court stated that the law violated one of the constitutional provisions which simply stated requires laws to affect everyone the same.  This law only affects one hospital in the state and therefore the court has found it unconstitutional.  

This would be helpful to our clients because other similar laws may be struck down as well.  There is possibility that this decision may be overturned.   As Personal Injury Lawyers in Daytona Beach Florida, we believe that the Courts decision would result in more of the clients settlement going into their own pocket.