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Is it possible for me to put a lien on my brother in law's accident settlement money for taking care of him

Asked about 3 years ago - Los Banos, CA

I took care of my brother in law after a major accident. A law suit is in the process and I am suppossed to be paid from the medical part of this suit. His lawyer tells me that my part will be issued to him(brother in law) and he will pay me. We had an argument and now he says he will not pay me for the 3 and a half months I nursed him back to health. Not to mention the physical therapy. My question is How do I put a lean on my part of the medical settlement to make sure I get what is owed me?

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Attorney answers (1)

Gordon Ralph Levinson

Reputation Level 13

Answered about 3 years ago. Personal Injury Lawyer in Carlsbad, CA.

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The answer is "yes," it is possible. What you have is an alleged contractual lien based on an alleged oral agreement. The first thing you need to determine is whether your brother in law's case is actually a lawsuit in litigation, or merely a claim pending at an insurance company. If it is an actual lawsuit, you might consider filing a complaint in intervention, or filing a notice of lien in the action. Have an attorney in your area help you with that. If the case is not in litigation, then send a certified letter to the insurer noting the claim number notifying it of your lien and demanding to be included as a payee on the settlement draft. Nothing herein constitutes the formation of an attorney/client relationship. Good luck!

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