Detailed Answer

When you recover money in a New Hampshire personal injury case, several liens may attach to part of your settlement. A lien lets a third party claim a portion of your award to cover prior costs. Understanding these liens helps you estimate your net recovery and navigate negotiations.

1. Health Insurer Subrogation Liens (NH RSA 383-A)

Private health insurers often pay your medical bills up front. Under NH RSA 383-A, they can step into your shoes and seek reimbursement from your personal injury recovery. To enforce a subrogation lien, the insurer must provide notice and documentation of payments. You may negotiate the reimbursement amount, especially if the claim involves disputed medical necessity or overcharges. See NH RSA 383-A.

2. Medicaid and State Assistance Liens (NH RSA 167)

If you received Medicaid or state-funded medical assistance, New Hampshire law (NH RSA 167) requires the state to recoup those costs from your settlement. The Department of Health and Human Services files a lien against any judgment or settlement. You must notify the department promptly and allow them time to assert or waive the lien. See NH RSA 167.

3. Hospital and Medical Provider Liens

Medical providers without insurance subrogation agreements may assert an equitable or statutory lien to recover unpaid bills. While New Hampshire has no broad hospital lien statute, courts recognize equitable liens when providers document expenses and treat the lien notice as timely.

4. Attorney’s Charging Lien

Under New Hampshire law, an attorney who represents you in a contingency-fee case earns a charging lien on your settlement. This lien secures your lawyer’s fee and any court-approved costs. The amount typically equals the percentage agreed in your retainer agreement.

5. Child Support, Tax, and Other Government Liens

Unpaid child support obligations or federal tax liens can attach to your recovery. The state Division of Family Assistance or the IRS may file notices that reduce your net proceeds. Check your prior obligations before finalizing a settlement.

Disclaimer

This article is for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship. Always consult a qualified New Hampshire attorney about your specific case.

Helpful Hints

• Request lien statements in writing and review them for accuracy.
• Negotiate subrogation and provider liens whenever possible.
• Factor in attorney fees, costs, and anticipated liens to estimate your net recovery.
• File early notice with Medicaid and other state agencies to avoid late penalties.
• Consult a personal injury attorney familiar with New Hampshire lien law.