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Hello All:
I am a California resident and was involved in an automobile accident in California, with another California resident. My attorney signed a lien on my chiropractic treatment but I want to assume the lien and be personally responsible for it. Can that be done? I am willing to put it in writing if necessary.
Quote:
Originally Posted by dogtrainer
I don't understand what you mean - your Attorney liened against your treatment?
Do you mean your chiropractor liened against any settlement?
Quote:
Originally Posted by JudyKayTee
Thank you for your interest. My attorney didn't "liened against" anything... as is common practice in personal injury cases from what I understand, an attorney will sign a lien for medical treatment so the injured person, me in this case, can get the treatment he/she needs without having to pay up-front for it. The lien is generally satisfied by way of proceeds from claim settlement.
In my case, there is a lien on my financial recovery from the accident, but I don't want the lien satisfied from the settlement, I want to get more of my settlement money and pay the lien on my own.
Quote:
Originally Posted by dogtrainer
You said: "My attorney signed a lien on my chiropractic treatment." That's what I was answering.
Your basic understanding is wrong -
The person who is owed the money gets the lien - same as if there's a Judgment against you. The Attorney would not be signing a lien - he may approve a lien, prepare the lien, but he doesn't enter into one.
Normally the Chiropractor would lien against the settlement, with the approval of the Attorney who must assure the Chiropractor that there will be a settlement.
And, yes, you can pay the Chiropractor out of your own pocket and not have a lien against the settlement.
Since this is the legal board, we often have to be precise in what terms are being used as a slight variation can change the meaning. That's why Judy asked for clarification because your initial post didn't make sense.
Yes its common practice for a medical practitioner to record a lien against a settlement to insure they get paid for the care they provide. This is beneficial to the patient as it means they don't have to pay upfront. Your attorney doesn't sign such a lien except maybe as a witness or preparer. Your attorney PREPARES the document for you and the medical provider to sign. Your attorney may sign his own lien against the settlement for his own fee. But usually not since, such payments are normally made directly to the attorney for distribution.
I'm not sure where you get the idea that paying it on your own will get you more money. In fact it may just be the opposite as the practitioner may be discounting his fee. But the bottomline here is you have to get the medical practitioner to agree to give up the lien for your promise to pay. If they will do that fine, if not (and I doubt they will), then you are bound by this agreement.
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