Tuesday, January 24, 2012
The Delaware Supreme Court has held that an attorney is entitled to take a contingent fee prior to the execution of a lien for medical expenses.
The law firm represented a client in a personal injury action. The hospital bill was for over $160,000. The client received compensation in an amount under $20,000. The hospital sought to take the full amount as payment. The court found that the common law charging lien of the attorney requires that the fee be paid in preference to the hospital's lien. (Mike Frisch)