Medical Liens in Washington
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Washington, 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.
Pure comparative fault
Fault System
3 years
Filing Deadline
$18,000 – $85,000
Avg Settlement
Types of Medical Liens in Washington
Hospital Liens
Washington 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 Washington, they have a lien on any third-party recovery you obtain.
Washington Injury Law Overview
Washington State applies pure comparative fault, allowing injured plaintiffs to recover regardless of their fault percentage, with damages reduced proportionally. The statute of limitations is 3 years for most personal injury claims. Washington does not mandate no-fault PIP coverage. Seattle and the Puget Sound corridor generate high-volume personal injury litigation including auto accidents, construction site injuries, and maritime claims on Puget Sound and Alaskan waterways. Washington has no general cap on compensatory damages and no cap on pain and suffering awards in most personal injury cases. Medical malpractice claims in Washington have a 3-year limitation period under RCW § 4.16.350 and require a certificate of merit under certain circumstances. Washington courts have been active in product liability litigation, including significant cases against Boeing and other major manufacturers. Washington's Industrial Insurance Act provides workers' compensation administered by the Department of Labor & Industries as the exclusive workplace injury remedy.