What Happens When an Attorney Fails to Address a Lien?

Posted August 12th, 2020.

Categories: Legal Malpractice.

If you recently hired an attorney to assist you in a legal matter, you depended on, and trusted, that attorney to put his best foot forward and represent your best interests through every step of the process. Let’s say you were recently injured due to another party’s negligence and you retained the services of a personal injury attorney who was supposed to fight for the compensation you needed to heal.

Well, you won the lawsuit, however, your attorney did not realize, or forgot, that you were indebted to someone, or otherwise had a lien that needed to be taken care of. After winning the lawsuit, it is your attorney’s job to ensure that all liens are paid off and cared for. However, if your attorney did not take these liens into account and they went ignored, there is a very good chance you incurred significant financial damages as a result. This is simply unacceptable, and if you are someone who this has happened to, you may have a valid legal malpractice claim. Please continue reading and speak with our experineced New Jersey legal malpractice attorney today to learn more about failing to address liens and how we can help hold your negligent attorney accountable for his actions.

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

The three main types of liens are as follows:

  • Medicaid/Medicare liens: Oftentimes, after winning a personal injury claim, a PI attorney will have to pay back his or her client’s Medicaid or Medicare liens for any money spent on federally-subsidized healthcare treatment for the individual’s injuries.
  • Child support liens: If you are someone who was behind on child support and won money in a personal injury claim, some of that money must go to pay off your child support. If not, you may face serious financial/legal troubles in the future.
  • Doctor’s liens: If you recently won a PI lawsuit, there is a chance you had to pay doctor’s liens.

Attorneys in the United States are also legally obligated to address workers’ compensation liens and letters of protection, when applicable. The bottom line is that if your attorney failed to address any of the liens mentioned above, there is a very good chance you may be able to hold that attorney accountable. All you have to do is speak with our knowledgeable New Jersey legal malpractice attorney to learn more about what our firm can do for 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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