Can a South Carolina hospital or doctor put a lien on my settlement?

We found no South Carolina statute that gives hospitals or doctors a lien on an injury settlement, and a compendium of subrogation law says the state has none. An unpaid bill is a debt you may still owe, but it is not a lien.

Can my health insurer be repaid from my settlement?

A policy may provide for subrogation for not more than the benefits the insurer paid, and the insurer must pay attorney fees and costs from the amounts recovered. If the Director of Insurance finds subrogation inequitable on your petition, it is not allowed (S.C. Code 38-71-190).

What does South Carolina Medicaid recover?

Medicaid recipients are considered to have assigned the right to recover what Medicaid paid, and the department's rights are superior to other reimbursement or subrogation rights. If you hire an attorney, the department may reduce its claim by 25 percent as its share of fees and by a share of other litigation costs (S.C. Code 43-7-420 and 43-7-440).

Does my own UIM carrier get repaid from my settlement?

No. Benefits paid under the UIM section are not subject to subrogation and assignment (S.C. Code 38-77-160).

How long do I have to sue?

Most injury actions must be commenced within 3 years (S.C. Code 15-3-530(5)).

South Carolina Medical Lien Calculator

South Carolina has no hospital lien statute that we found, lets a health insurer subrogate only for what it paid and requires it to pay your attorney fees and costs from what it recovers, and lets Medicaid reduce its claim by 25 percent as its share of fees. Enter the settlement and each claim to see what is left for you.

Cited to S.C. Code 38-71-190, 43-7-420 and 43-7-440 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Estimate what you keep after liens

Enter the settlement, your attorney's fee and costs, and each claim.

Gross settlement

Attorney contingency fee in your agreement

Case costs advanced by your attorney

Health plan reimbursement claim (the amount it actually paid)

What is your health plan's position?

South Carolina Medicaid payments for injury-related care

Part of the settlement that represents medical expenses (caps the department's claim)

Percent of its fee-reduced claim you expect the department to accept (100 means no further reduction)

Medicare conditional payments

Estimated result

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Is the injured person a child? →

South Carolina has no hospital lien statute we found, makes health insurers pay your attorney fees from what they recover, and cuts Medicaid's claim by 25 percent

Health plan subrogation is governed by S.C. Code 38-71-190, and Medicaid by 43-7-420 and 43-7-440. Medicare recovers under the federal Medicare Secondary Payer statute.

Learn how Medicare and South Carolina Medicaid recover from a settlement, how health plan subrogation is limited in South Carolina, and how provider bills differ from liens.

Injured in South Carolina?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a South Carolina attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited South Carolina statutes. Confirm how these rules apply to your specific case with a licensed South Carolina attorney.

South Carolina Medical Lien Calculator

Estimate what you keep after liens

South Carolina has no hospital lien statute we found, makes health insurers pay your attorney fees from what they recover, and cuts Medicaid's claim by 25 percent

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