Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Understanding Liens in Oregon Personal Injury Settlements
When you settle a personal injury claim in Oregon, various parties may assert liens on your settlement funds. A lien is a legal claim that secures payment for services or debts. You must address these liens before you receive your share of the settlement.
1. Medical Provider Liens
Under ORS 87.230, hospitals and certain medical providers can file a lien against your settlement to cover treatment costs. Learn more: ORS 87.230.
2. Ambulance Service Liens
Oregon law (ORS 87.192) lets ambulance providers place liens for emergency transport fees. See ORS 87.192.
3. Government Health Benefit Liens
The Oregon Department of Human Services can claim repayment for Medicaid or Oregon Health Plan benefits under ORS 416.457. Federal Medicare liens may also apply. Details: ORS 416.457.
4. Insurer Subrogation Rights
Your health or auto insurer may seek reimbursement (subrogation) under ORS 743.263. This right lets insurers recover paid benefits from your settlement. More: ORS 743.263.
5. Child Support and Family Support Liens
The child support program can file a lien to collect past-due support under ORS 25.275. Learn more: ORS 25.275.
6. Tax Liens
State and federal tax agencies can place liens for unpaid taxes. Oregon Department of Revenue liens fall under ORS 311.805 (ORS 311.805), while the IRS enforces federal tax liens under 26 U.S.C. § 6321.
7. Attorney Charging Liens
Your attorney may assert a charging lien for unpaid legal fees under ORS 87.275. See ORS 87.275.
8. Judgment Liens
Creditors with a court judgment can record liens under ORS 18.320. This lien can attach to your settlement proceeds. See ORS 18.320.
Helpful Hints
- Keep detailed records of all medical treatments and bills.
- Notify your attorney of any potential lienholders early.
- Negotiate reduced lien amounts when possible.
- Consider a lien resolution plan before finalizing settlement.
- Confirm that liens are released in writing before disbursement.