Who should pay for the hospital bills? Me or the attorney?

Question

This is for a car accident body injury! My case is already settled and been paid from the other insurance. The check was in my name and sent to my attorney office 2 months ago. I was away so I endorsed to him. He received his share $12,500 (25%) of $50,000. He then sent me a check for $10,000 and still due for $2,500 at least that he has not sent to me. I can't get a straight answer to why my hospital bill is not paid yet. The hospital bill is $400 that I have to paid. Okay, I found out on my credit report that the bill is sent to collection agency. Been over month now, my attorney have not respond to. I am going to write to him because I am in a another state now.

At this point, I am tire of chasing him for the money. What should I do?

1. Should I fired him and get my money which still left is $27,500 and paid my hospital on my own and keep the rest?
or is that the attorney's job?
2. Should I contact the hospital/collection for re-instatement for the bills? What is my rights

Answer 1

I handle a lot of cases like this as an atty for a local government. Obviously, a County with 450 employees gets sued a lot. First, it doesn't matter what state you are from since we (attys) are all governed by the same Rules of Professional Responsibility drafted by the ABA. The variations between states are very minor. The attorney should pay your bill, although the obligation to the hospital is yours, he assumed that obligation when you hired him. We have case law from our state's Supreme Court and this issue in our Court's opinion cites to similiar opinions from many states. Since you are being bothered by the hospital, you should write to the attorney and demand he pay this bill immediately. Registered or certified mail is not required. The law presumes a letter deposited in first class mail is delivered in 3 days (that, Hello, is known as a "legal fiction"). Give him enough time to perform, which should include a weekend in case he's in trial. Seven to ten days is more than reasonable. Also, go to a QuikPrint type of store if necessary and fax him a copy of the letter and keep proof of faxing. The letter should demand that he submit a statement to the 3 major Credit Bureau's explaining the circumstances that have damaged your credit.
If he doesn't pay the hospital bill, pay it yourself and call your state bar office and request a referral to your state's Disciplinary Board. They'll send you a written complaint and you should file a complaint with them. In my state, the "D-Board" is very tought. Tell you attorney in the letter that you will be forced to report him to the "D-Board" if he doesn't pay this within a week or 10 days--and depending on where you, the lawyer and the hospital is located, 10 days is best. You could catch the lawyer in the middle of a trial. That happened to me last week and I didn't get my office work taken care of until Saturday. The bottom line is that the attorney has your money and if he knows about the hospital bill he is legally obligated to pay it before he pays you the balance. Yes, you are the person who owed the hospital, but he assumed that responsibility when he took your case. I can picture my settlement statements to clients in my head, and the top figure in the column is the amount of recovery followed by the debits. The first debit is for the medical bills. Just as the hospital can sue you, you can sue him for malpractice. Send him a copy of the hospital bill so he cannot argue he didn't know the amount (if he didn't know the amount he would not have settled your case, but do it anyway.) Tell him if he doesn't respond "I will be forced to report this matter to the Disciplinary Board" and then be prepared to do.
Everyone is telling you it's your responsibility to pay the hospital and they are right in a sense. You got the hospital services and you signed a statement of financial responsibility when you were treated. Therefore, the hospital can only go after you for payment. In reality, the other person's insurance should have paid the hospital before settlement. When we speak about your responsibility to pay and your lawyer's responsibility to you, we are talking about different things.
Finally, his inaction has already harmed your credit, so get your money as soon as possible whether he pays the bill or not. An attorney shouldn't hold settlement proceeds more than 10 days maximum before releasing them. Ten days gives him time to wait for the settlement check to clear and to pay your expenses and prepare the settlement statement for you to sign. This bill should have been paid within a day of settlement and the hospital should have been sent a letter advising them the case is being handled by an attorney. If they're dunning you, they've already contacted your lawyer and he has not responded.
We are a self-policing profession and these types of negligent attorneys hurt all attorneys--including me. Do not ignore the Disciplinary Board avenue for relief, because they can get you additional damages, stop this attorney from future negligence and repair your credit.
If you have any difficulty finding the proper agencies in your state, email me and I get you the information.

Answer 2

You should contact that attorney's state bar association, and tell them that the attorney has abandoned you, that he will not return your calls, and that he has $27,500 of your money that he will not return.

I don't think you should be worrying about the hospital bill right now (just pay it)--I think you should be worried about the attorney who has $27,5000 of your money and won't return your calls.

I would suggest writing a letter to the attorney, telling him that if you do not get the money back within five days, you will call the State Bar and report him. That might get his attention.

Answer 3

It is your job to pay your own bills. Period. I suggest you call the attorney and pin him down. Ask him for a complete and detailed answer, in writing, about the distribution of funds from your account. Ask him when you will receive your funds and how they will be disbursed. Also, ask him how much you will receive. It may be as simple as your judgment hasn't yet been paid. Just because you won $50,000 in your case does NOT mean you can collect it from the party you sued.

Answer 4

Would you like to tell me in what state the attorney is located? Otherwise, there is no way to help you.

EDITED TO ADD TO THE FACTS GIVEN:

Send the attorney a CERTIFIED (RRR) Letter demanding resolution of the account and closing out of your case within 5 business days of receive of the letter or you will seek redress of your complaint with the California state bar association.

You can begin the process, if he doesn't answer, at the following;

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179

Answer 5

I don't know your arrangement...but usually attorneys do not...do not pay bills unless that was part of your agreement. His duty is to take his fees and send you the rest...I am unsure why he still has some money that belongs to you...you need to contact the state bar association if he is not contacting you because messing with client money is the fastest way to get disbarred.

Answer 6

The lawyer is supposed to have all the medical bills.
The settlement check should have gone into the law firm's trust account, and been distributed as follows:
1. 25% to atty
2. medical bills
3. balance to you

If you have received your share, then the medical bills should have been paid. Contact the hospital and let them know your lawyer has THEIR money.

If you get contacted by ANYONE - contact your state's disciplinary board immediately, to shake the money loose from the lawyer.

Answer 7

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