If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, before you receive your settlement or judgment, you may have to deal with various entities that claim a right to a portion of your recovery. These entities are called lien holders, and they can complicate your personal injury case. Please continue reading and reach out to a seasoned New York City personal injury lawyer from the Law Office of Richard M. Kenny to learn more about what a lien is and how it can impact your personal injury case. Here are some of the questions you may have:
What is a lien and how can it impact a personal injury case?
A lien is a legal right acquired by a creditor over an asset. The asset is security for a debt you owe the creditor. For example, in a personal injury case, a lien would be the legal right to receive a specific amount of your personal injury settlement to satisfy a medical debt or subrogation right. A lien can be placed against your personal injury case by your health insurance provider, medical provider, Medicare/Medicaid, or even a state agency if you receive public benefits that are impacted by your personal injury recovery.
How Can a Lien Affect Your Case?
A lien can affect your personal injury case in several ways. For example, it can reduce the amount of money you receive from your settlement or judgment, delay the resolution of your case, or create a conflict of interest between you and your attorney, as the attorney may have a fiduciary obligation to protect the lien holder’s interest as well as yours.
How Can You Deal With a Lien in Your Personal Injury Case?
Dealing with a lien in your personal injury case can be challenging, but not impossible. Here are some steps you can take to handle a lien effectively:
- Inform your attorney of any potential liens as soon as possible, so they can prepare accordingly and communicate with the lien holders on your behalf.
- Review your health insurance policy, medical bills, and any other documents related to your accident treatment, to determine the amount and validity of any liens.
- Negotiate with the lien holder to reduce or waive their claim, based on factors such as the strength of your case, the amount of your recovery, the proportionality of their claim, and any applicable laws or regulations.
- Obtain a written agreement from the lien holder that states the amount and terms of their claim, and their consent to release their lien upon payment.
- Pay the lien holder from the proceeds of your settlement or judgment, after deducting your attorney’s fees and costs.
Why Do You Need an Experienced Personal Injury Lawyer?
Dealing with liens in your personal injury case can be overwhelming and confusing. That’s why you need an experienced personal injury lawyer who can protect your rights and interests, and help you maximize your recovery.
Here at the Law Office of Richard M. Kenny, we can handle any liens that may arise in your personal injury case. We will work hard to negotiate with the lien holders and obtain favorable terms for you. We will also ensure that you receive the full compensation you deserve.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
