How do you assert a lien in a personal injury action?

Medical liens and attorney advice are often inseparable. Asserting and obtaining a lien in a personal injury action requires litigation about the accident, litigation about your right to the lien and then establishment of the lien. A lien, moreover, does not entitle its holder to immediate payment. Rather, payment can only be obtained when the property against which the lien is established is transferred or sold. At that point, the lien holder will be entitled to payment.

A lien is a legal right to the proceeds or a specific dollar value of a piece of property. Most states will not permit parties to establish a lien against homes, but are willing to establish liens against luxury goods or other such items.

To assert a lien, a party must first prove entitlement to funds that have not yet been paid and are not expected to be paid anytime soon. This is often the case when a party has been awarded a sum of damages for an injury or other legal action but has not yet received funds to pay the award. After the first round of litigation awarding damages, the non-paid party can then return to court and demonstrate that 1) he is entitled to damages; 2) that he has not yet been paid; and 3) the party required to make payment has assets of value. Once this is established, the court will institute a lien against the owing party’s property.

Obtaining Legal Advice

Establishing the right to a lien and the lien itself requires court assistance. If you are entitled to funds that you have not yet received, seek legal advice about the process for asserting a lien.