Which Liens Need to be Covered in a Personal Injury Claim?

Posted December 14th, 2021.

Categories: Legal Malpractice.

Being injured in an accident due to no fault of your own may require the assistance of an experienced personal injury attorney. Unfortunately, some personal injury attorneys can act negligently by failing to address a lien after winning a personal injury lawsuit. If this has happened to you, it is important to understand that you can take action to hold this attorney accountable for their negligence. Speak with our New Jersey legal malpractice attorney today to learn more about this process and how our legal team at the Law Offices of Mark S. Guralnick can assist you.

Which types of liens will my attorney have to account for?

There are many different types of liens, each of which deals with the fact that you were essentially indebted to another party. Your attorney is responsible for ensuring that those debts were paid off after winning a personal injury lawsuit. This will be done by using the compensation you received from the case.

Failure to account for those liens can risk serious legal issues. The four primary liens that your attorney will have to account for include the following:

  • Medicaid/Medicare liens: When an individual wins their personal injury claim, they may be required to pay back any Medicaid or Medicare liens for the money that was spent on federally-subsides healthcare treatment for their injuries. It is the victim’s attorney’s responsibility to account for this lien.
  • Child support liens: If an individual who has won a personal injury claim owes child support, part of their compensation will go towards that payment. Failure to follow through with this responsibility by your attorney may result in serious legal issues.
  • Doctor’s liens: There is a chance that if you have recently recovered compensation in a personal injury, you may have to pay the doctor’s liens. It is your attorney’s responsibility to account for this lien.
  • Worker’s compensation liens: Attorneys will also have to address workers’ compensation liens and letters of protection after winning a personal injury claim.

If any of the above liens have been failed to be accounted for by your attorney, it is important that you take action to right this wrong. Reach out to our New Jersey legal malpractice attorney to learn more about how we can handle your case. Give our firm a call today to schedule your initial consultation. We are here to help.

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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