Medical Liens in Massachusetts
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Massachusetts, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$18,000 – $80,000
Avg Settlement
Types of Medical Liens in Massachusetts
Hospital Liens
Massachusetts hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in Massachusetts, they have a lien on any third-party recovery you obtain.
Massachusetts Injury Law Overview
Massachusetts operates a no-fault auto insurance system requiring PIP coverage, which pays initial medical expenses and partial lost wages regardless of who caused the accident. To pursue tort claims for pain and suffering, the injury must meet a $2,000 medical expense threshold or involve certain severe injury categories. Massachusetts applies modified comparative fault with a 51% bar for tort claims that pass the no-fault threshold. The statute of limitations is 3 years. Massachusetts courts, particularly in Suffolk County (Boston), handle a substantial volume of personal injury cases including medical malpractice at world-renowned teaching hospitals. The state caps medical malpractice noneconomic damages at $500,000 under M.G.L. c. 231 § 60H. Massachusetts has no general cap on compensatory damages in other personal injury cases. Chapter 93A consumer protection claims may provide additional remedies and attorney fees in cases involving bad faith insurance practices. Wrongful death claims are subject to the same 3-year limitation.