In the personal injury context, "liens and subrogation rights" consist of third-party interests affecting claims or proceeds in injury or death cases and they make up the overwhelming majority of third-party interests in personal injury matters. This publication provides a framework for understanding third-party interests and, along the way, answers the root questions under currently applicable law: (a) what are your client's legal rights relative to asserted or potential third-party interests, and (b) what are your legal and ethical obligations relative to those interests? It also aims to alert personal injury attorneys to some common pitfalls in dealing with third-party interests as they prosecute and settle personal injury claims.
The Table of Contents are linked to the text and so are the internal cross-references. Most of the case law and other authorities in the book are also linked to Fastcase -- Your State Bar Member Benefit providing free, unlimited online legal research!
Contents (for a detailed list, click on the MATERIALS tab and select Table of Contents)
- The Difference Between Liens and Subrogation Rights
- Failing to Limit Exposure to Third-Party Interests
- Identifying Asserted and Potential Third-Party Interests
- Validity and Scope of Third-Party Interests
- Priority of Third Party Interests
- The Patient Protection and Affordable Care Act
- Attorneys' Legal Obligations Concerning Third-Party Interests
- Attorneys' Ethical Obligations Concerning Third-Party Interests
- Liens Flowchart