Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Protecting the Rights of Accident Victims Across Syracuse. Since Our Founding in 2005, Jed Dietrich, Esq., Has Helped Our Clients Secure More Than $300 Million in Damages. Our Experienced Team of Attorneys Could Help File a Personal Injury Lawsuit and Make a Compelling Claim for Recovery.
You can only file a personal injury lawsuit if you have sustained damages as a result of an accident. Damages are a form of compensation, intended to help alleviate different forms of loss, hardship, and suffering. New York does not cap damages in most personal injury claims, but other factors could affect an eventual settlement or court-ordered award.
A lien, for instance, is a type of legal claim that can be submitted against a personal injury award. Liens can heavily influence the course of negotiations, as they present a path for third parties to seize a portion of your settlement. Liens can serve many different purposes and could be used to repay the costs of medical debt, workers’ compensation, or even late child support.
A large lien could significantly reduce your award, but that does not mean that you have to accept a half-measure in place of a fair recovery. For more than 30 years, the Dietrich Law Firm P.C. has fought to protect the rights of accident victims in Syracuse and throughout Upstate New York. We know what it takes to overcome a strong defense and ensure that you have every chance to secure the resources you need to build back better. Please send us a message or call us today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.
Understanding Personal Injury LiensA lien is a third-party claim against the proceeds of a personal injury settlement or award.
At almost any point during the personal injury lawsuit process, certain parties have standing to file a lien request. Lien requests are assessed by the court on a case-by-case basis. If a judge approves a lien for a medical provider or government agency, the lien must be cleared before you can receive or use the remainder of your settlement fund.
Liens can be filed for a variety of reasons. More often than not, liens request payment for accident-related expenses, like unpaid medical bills or reimbursable Medicare expenses.
However, other parties could have grounds to request a lien, even if their claim has nothing to do with your accident or your injuries.
The 4 Most Common Types of Personal Injury LiensLiens can be filed for many different reasons, but most tend to fall into the same general categories. The four most common types of personal injury liens include all of the following:
1. Healthcare LiensMost personal injury liens are filed by health providers.
Anyone who was involved in your accident-related care could be entitled to file a lien if they have unpaid bills or expenditures. A lien could be triggered by:
Hospital liens can be harder to get rid of than other claims. Under state law, these debts are valid for 10 years from their date of issuance.
If you use a private healthcare policy or your New York no-fault benefits to pay for care, the insurance company could still file a lien to recover costs they have already incurred. These liens are usually only valid for treatment-related expenditures.
3. Government Agency LiensSome government agencies can place liens on recovery.
If you receive care through Medicaid, Medicare, or at a Veterans Affairs hospital, the agency that provided treatment could attempt to reimburse costs by placing a lien against your settlement. These liens, if approved, take precedence over all other accident-related liens and are valid for at least six years from the date of approval.
4. Workers’ Compensation LiensMost large employers are required to carry workers’ compensation insurance.
If your injury took place at work, you may be entitled or required to apply for workers’ compensation benefits. Your employer pays to maintain a policy, but the benefits you receive most likely come from a third-party insurance company. Insurance companies, just like hospitals and government agencies, can sometimes submit liens to recover all or a portion of their losses.
HAVE YOU BEEN INJURED IN A SYRACUSE ACCIDENT THAT WAS NOT YOUR FAULT?
CALL JED DIETRICH, ESQ., AND HIS TEAM OF HIGHLY QUALIFIED SYRACUSE, NEW YORK, PERSONAL INJURY ATTORNEYS AT 1-866-529-5334
NOW TO OBTAIN THE HELP THAT YOU NEED!
If and when a lien is approved by a judge, it will typically be considered a binding legal debt that must be repaid before you can use your remaining settlement funds. This can often seem unfair, particularly if the amount of a lien represents a significant portion of your overall recovery.
However, you cannot always make liens go away.
Under New York’s legal system, a successful personal injury lawsuit is intended to provide enough compensation to restore a plaintiff’s “pre-accident condition.” In other words, if you win your case, the court’s paramount concern is ensuring that you are no longer burdened by debt, expenses, and obligations caused by another person’s negligence. So far as the court is concerned, paying valid debt is part and parcel of the process.
The rights of lienholders cannot be ignored, but that does not mean you have to accept every claim at face value. Depending on the circumstances of your claim, the Dietrich Law Firm P.C. could help you:
Once a lien is issued, however, you may not be able to easily challenge it.
Do not take chances with your recovery. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has helped our clients in Syracuse and throughout the state secure more than $300 million in damages. We could help you, too. Call us today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation.
Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York.
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries!
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case.
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case.
Jed is a Master in the courtroom without an equal.