This post is about cash assistance and prison liens on CT personal injury cases. Whether you have been in a car accident or bitten by a dog – the State may coming looking for money from you. Learn your rights.
Many of our clients worry about who may place a lien on their case. When you’re facing medical bills and a long recovery from an injury, you need to know whether your costs are going to be covered by a settlement offer or a judgment.
We’ve previously discussed that Medicaid and Medicare have the right to recover their costs by placing a lien on a personal injury case. By contrast, we’ve also noted that under Connecticut law, a private insurance company that covers medical expenses generally has no right to lien a case to recoup those costs. But this is not the end of the discussion.
SAGA Cash Assistance Liens
If you are over the age of 18 and you have received benefits “under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program,” then the state may place a lien on your personal injury case. Conn. Gen. Stat. Sec. 17b-94. The amount of the lien can be the full amount of the benefits received or fifty percent of the recovery after certain litigation costs are subtracted, whichever is less.
Prison Liens On CT Personal Injury Cases
Some folks think when they have done their time that they have paid their debt to society, only to learn that society will then send them another bill.
If you have been incarcerated within the past twenty years, the state may lien your case to recoup its costs. Conn. Gen. Stat. Sec. 18-85b. This lien would take priority over any lien for state assistance, and it would be equal to the full cost of incarceration or fifty percent of the recovery after certain litigation costs are subtracted, whichever is less. These liens are commonly called incarceration liens.
If you’re concerned about a lien on your personal injury case, it’s important to speak with an attorney so that you fully understand your rights. On this blog we speak in general terms, but every case is unique and that’s where trusted counsel can help.
One of the best things you can do is to let your attorney know if you were incarcerated or have received cash assistance. Different rules apply in wrongful death cases.
Call us if you have any questions (860) 471-8333.