Medical Liens in Pennsylvania
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Pennsylvania, 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
2 years
Filing Deadline
$18,000 – $80,000
Avg Settlement
Types of Medical Liens in Pennsylvania
Hospital Liens
Pennsylvania 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 Pennsylvania, they have a lien on any third-party recovery you obtain.
Pennsylvania Injury Law Overview
Pennsylvania operates a choice no-fault system similar to New Jersey, where drivers elect limited or full tort coverage when buying auto insurance. Limited tort drivers can only sue for pain and suffering if they suffer a serious injury. Full tort drivers retain unrestricted lawsuit rights. Pennsylvania applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies broadly. Pennsylvania courts — particularly in Philadelphia — produce some of the highest personal injury verdicts in the country. Philadelphia's reputation as a plaintiff-friendly venue has historically attracted mass tort litigation including asbestos, mesothelioma, and pharmaceutical cases. Pennsylvania has no general cap on compensatory damages for private defendants. Medical malpractice cases require a certificate of merit from a licensed professional. The Pennsylvania Sovereign Immunity Act limits claims against Commonwealth entities with specific damage caps. Workers' compensation is the exclusive workplace injury remedy under the Pennsylvania Workers' Compensation Act.