In the personal injury context, "liens and subrogation rights" consist of third-party interests affecting claims or proceeds in injury or death cases and they make up the overwhelming majority of third-party interests in personal injury matters. This publication provides a framework for understanding third-party interests and, along the way, answers the root questions under currently applicable law: (a) what are your client's legal rights relative to asserted or potential third-party interests, and (b) what are your legal and ethical obligations relative to those interests? It also aims to alert personal injury attorneys to some common pitfalls in dealing with third-party interests as they prosecute and settle personal injury claims.
The Table of Contents are linked to the text and so are the internal cross-references. Most of the case law and other authorities in the book are also linked to Fastcase -- Your State Bar Member Benefit providing free, unlimited online legal research!
Contents (for a detailed list, click on the MATERIALS tab and select Table of Contents)
| Table of Contents.pdf |
| Third-Party Interests 2019 - Linked.pdf (2.9 MB) | 204 Pages | Available after Purchase |
Mr. Trachtenberg is past President of the State Bar of Arizona and a partner at Levenbaum Trachtenberg, PLC where he manages the law firm’s California, New Mexico, and Utah offices. He is a Certified Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona, Board of Legal Specialization. The Author would like to thank the following people for their valuable time, insights and thoughts: Lincoln Combs, Joel DeCiancio, Matt Fendon, Justin Henry, Krista McCarthy, Richard Plattner, J. Scott Rhodes, Samuel Saks, Patricia Sallen, Lynda Shely, Brian Weekly, and Stephen Weiss. The views expressed here are those of the Author and are not intended to reflect the views of the State Bar of Arizona or any other person.