Lien on Me: Rights of Subrogation in a Plaintiff’s Personal Injury Case

This course takes a practical look at how liens arise in personal injury cases and how they can influence settlement negotiations. It covers the full range of common liens, including medical, Medicaid, Medicare, legal funding, ERISA, and child support liens, and highlights why proper notice is essential to enforcing them.

Mr. O’Donnell will discuss the differences between Medicaid and Medicare obligations, review recent changes in state rules governing Medicaid liens, and offer guidance on dealing with more complex or aggressive liens, including Medicare and ERISA claims. Attorneys will also learn best practices for advising clients about the often-significant costs associated with legal funding liens and for approaching ERISA lien matters with the added care they require. The materials draw on key Supreme Court decisions, subsequent case developments, and practical negotiation strategies.

Any attorney who wants a clearer understanding of how liens can affect a personal injury case will find this course worthwhile.

Learning Objectives:

1. Differentiate between typical liens and superliens. 
2. Investigate how some personal injury cases involving liens diverted from the applicable Supreme Court precedent. 
3. Determine how to navigate particularly aggressive leans, such as where no notice is required, or when the lien has a greater value than the plaintiff’s payout.
4. Advise clients on potential financial liabilities associated with legal funding liens. 
5. Explore strategies to understand and effectively combat or reduce ERISA liens. 
6. Navigate dual, simultaneous workers’ compensation and bodily injury cases.

Production Date: 12/6/2025 | Closed captioning (CC) available