Is My Personal Injury Settlement Subject to a Lien?
Is My Personal Injury Settlement Subject to a Lien?

If you have been injured—whether on the job, in an accident, or due to a defective product or someone’s negligence—you might find yourself in a bad financial position. With rising medical bills, missed work, and the other financial strains injuries can incur, you could wind up in debt.

Once your case is settled and you receive your settlement check, you’re ready to pay off that debt. But perhaps you simply cannot do it yet. Maybe you still cannot go back to work for medical reasons, and you need the settlement money to support you and your family until you have fully recovered. While this is understandable, the fact remains that creditors are going to want to collect from you. If you fail to pay them back, a creditor could file a lawsuit against you. If the court grants the creditor a judgment, the creditor could seek to collect from your personal injury settlement.

Exemptions for Personal Injury Settlements

Generally speaking, injury settlements are subject to liens by creditors. However, under California law, it is possible to exempt a personal injury settlement, or at least part of it. The personal injury settlement can be exempt from a lien to the extent necessary for the support of the injured person, their spouse and dependents. Your attorney can help you request an exemption based on your need to keep the settlement money to support yourself.

“Injuries can certainly set victims back financially. It is important to speak with your personal injury attorney if you are worried about your settlement being garnished,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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