Lien created—application—priority

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  • (a) Every hospital, as defined in 29 V.I.C. § 221(2), that is under the jurisdiction of the Virgin Islands Government Hospital and Health Facilities Corporation has a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of the person in the case of the person’s death, on account of illness or injuries giving rise to the causes of action or claims and which necessitated the hospital care, treatment and maintenance.

  • (b) The hospital lien may not, however, apply to any amount in excess of one third of the damages obtained or recovered by the person by judgment, settlement or compromise rendered or entered into by the person or the person’s legal representative by virtue of the cause of action accruing thereto.

  • (c) The lien created is subject to and subordinate to any attorney’s lien whether by contract, suit or judgment upon the claim or cause of action and is not applicable to accidents or injuries within the purview of the Virgin Islands Workers’ Compensation Law, codified in title 24 chapter 11. A lien arising out of a motor vehicle accident does not take priority over a mechanic’s lien or prior recorded lien upon a motor vehicle involved in the accident.


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