Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

In Ohio, several types of liens can attach to a personal injury settlement. A lien gives a creditor a legal right to be paid from your recovery before you receive funds. Below are the most common liens you may encounter under Ohio law.

• 1. Hospital and Medical Provider Liens

  Under the Ohio Hospital Lien Act (O.R.C. §2319.40–48), hospitals and certain medical providers can file a lien against any settlement, judgment, or verdict related to an injury. The lien amount equals the reasonable value of services rendered. For details, see O.R.C. §2323.42: https://codes.ohio.gov/ohio-revised-code/section-2323.42.

• 2. Medicaid and Public Assistance Liens

  The Ohio Department of Medicaid can seek reimbursement from your settlement for medical expenses it paid on your behalf. This subrogation right arises under O.R.C. §5160.31. Find the statute here: https://codes.ohio.gov/ohio-revised-code/section-5160.31.

• 3. Medicare Liens

  Federal law requires Medicare to be reimbursed when it pays for injury-related treatment. Under the Medicare Secondary Payer Act (42 U.S.C. §1395y(b)), Medicare may assert a lien or demand recovery from your settlement.

• 4. Workers’ Compensation Subrogation

  If you receive workers’ compensation benefits for an on-the-job injury, the Ohio Bureau of Workers’ Compensation has a right to reimbursement from any third-party recovery. This is governed by O.R.C. §4123.931. See details here: https://codes.ohio.gov/ohio-revised-code/section-4123.931.

• 5. Child Support and Alimony Liens

  The Ohio Department of Job and Family Services can place a lien on your settlement for past-due child support or spousal support. The procedure is outlined in O.R.C. §3121.11. More information at: https://codes.ohio.gov/ohio-revised-code/section-3121.11.

• 6. Private Health Insurance Subrogation

  Many private insurers include subrogation or reimbursement clauses in their policies. If your insurer pays for medical bills, it may claim a portion of your settlement under your plan’s terms.

• 7. Attorney Charging Lien

  Your attorney may assert a charging lien against your recovery to secure unpaid fees and costs. Ohio courts recognize this equitable lien even if not filed in a formal lien statute.

Helpful Hints

• Obtain copies of any lien notices or subrogation demands immediately.
• Compare lien amounts to your bills to ensure accuracy.
• Negotiate medical provider liens where the charges seem excessive.
• Alert your attorney to any health plan or government program payments.
• Keep all settlement documentation in writing.
• Discuss lien resolution strategies with your attorney before settlement.

Note: This overview does not cover every possible lien. Always seek professional legal guidance to address liens specific to your case.