Can I Sue a Legal Professional For Failing to Address a Lien?

Posted October 22nd, 2019.

Categories: Legal Malpractice.

When a lawyer wins a settlement, he or she is legally obligated to address any outstanding liens his or her client may have. There are several different types of liens, though essentially, a lien is a right to keep possession of property belonging to another person until a debt that person owes is fully discharged. If you hired an attorney who failed to address a lien after winning a settlement, you may find yourself in an even deeper hole financially than you were before.

Rather obviously, this can be disconcerting, to say the least, as an attorney is responsible for handling your legal affairs with the highest degree of professionalism. Victims of legal malpractice very often feel betrayed and frustrated that someone who specializes in law could be so careless and untrustworthy.

Unfortunately, it happens more often than you’d think, and though the last thing you want to do after being mistreated by a lawyer is hire another one, the right attorney can actually be just what you need to attain the justice you deserve. If your attorney failed to address a lien, you are most likely now seeking they make the payment themselves, as they are, after all, responsible for creating this situation in the first place. Read on to learn more about certain liens attorneys must address.

What are the different types of liens?

There are several types of liens, though some of the most common are as follows:

  • Doctor’s liens: These are when a medical provider or service imposes a lien against the proceeds of a personal injury case.
  • Child support liens: When a client has child support obligations, if he or she wins a personal injury claim, the law dictates that “x” amount of that compensation must go either to that client’s former spouse or to the state child support collection agency.
  • Medicaid/Medicare liens: Certain attorneys that practice personal injury law is required to pay back their clients’ Medicare and Medicaid liens for the money expended on federally-subsidized healthcare treatment for their injuries.

Attorneys are also responsible for addressing workers’ compensation liens and letters of protection. If you believe your lawyer did not address a lien and you suffered economic damages as a result, please do not hesitate to reach out to our firm and see how we can help you.

Contact our experienced New Jersey firm

The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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