Is it Legal Malpractice if an Attorney Fails to Address a Lien?

Posted November 20th, 2020.

Categories: Legal Malpractice.

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When someone is injured in an accident that was simply not their fault, they oftentimes will retain the services of a personal injury attorney who will work to recover financial compensation to help cover the cost of their medical bills, lost wages, and more. Fortunately, most personal injury attorneys are dedicated to their clients and upholding their legal obligation towards consistently working towards their clients’ best interests. Unfortunately, there are times where these attorneys are negligent. One of the ways in which an attorney can behave negligently is by failing to address a lien, or multiple liens, after winning a personal injury lawsuit. If you believe this has happened to you, you must continue reading and speak with our knowledgeable New Jersey legal malpractice attorney to learn more about the consequences of failing to address a lien and how our firm can help you attain the justice you deserve.

Are there different types of liens that my attorney should account for?

The first thing you should understand is that there are various types of liens, though they all deal with the fact that you were essentially indebted to another party, and when you win a personal injury lawsuit, your attorney was responsible for ensuring that those debts were paid off with the compensation you received as a result of winning your claim. When your attorney fails to account for those liens, serious legal issues may arise, which is why you are most likely now pursuing legal action against that attorney. The three most common types of liens that an attorney may fail to address are as follows:

  • Medicaid/Medicare liens: In many cases, when someone wins a personal injury claim, they will be required to pay back any Medicaid or Medicare liens for money spent on federally-subsides healthcare treatment for their injuries. This is their attorney’s responsibility.
  • Child support liens: If you owe child support and win a personal injury claim, part of your compensation will have to go towards that child support. If it does not, your attorney may land you in serious hot water.
  • Doctor’s liens: If you recently won a PI lawsuit, there is a chance you had to pay the doctor’s liens.

Furthermore, you should understand that in many cases, attorneys will also have to address workers’ compensation liens and letters of protection. No matter your circumstances, our experienced New Jersey legal malpractice attorney is here to help you through every step of the legal process ahead.

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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