Legal Question in Personal Injury in California

My brother is a citizen of Mexico and lives in Mexicali. He was driving his motorcycle in Calexico, CA and was hit and badly injured. The helicopter ambulance flew him from the accident in CA to a hospital in Yuma, AZ for treatment. My brother's attorney is in California.

The case settled for $25,000 because that is all the insurance there was. Now, an attorney in Arizona filed a lien in Arizona for hospital fees. We are told that hospital liens in AZ have priority, meaning they get all the money, my brother will owe his attorney and has no money himself. We have been told CA law would only permit the hospital to collect a portion of the $25,000 rather than all.

So my question is this: if the accident is in CA, hospital treatment in AZ, my brother lives in Mexico, and his attorney is in CA.... which law applies to the hospital lien, CA or AZ?


Asked on 9/25/14, 1:34 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You didn't tell us the most important part. You didn't tell us where the lawsuit was filed. You also do not specify whether the lien is based on Arizona lien law, something your brother signed when he got to the hospital, or a lien from an existing case filed in Arizona that has already gone to judgment.

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Answered on 9/25/14, 8:15 am


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