South Dakota Codified Laws 44-12-1. Hospital lien upon personal injury damages recovered by injured party
Subject to § 44-12-3.1, a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party’s heirs or personal representative in case of the injured party’s death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.
Terms Used In South Dakota Codified Laws 44-12-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Source: SL 1964, ch 112, § 1; SL 1994, ch 351, § 102; SL 2019, ch 195, § 2.