My sister is 19 years old and she was in a car accident, she was awarded 10,000 for bodily injury. Her lawyer had her come to his office and sign the back of the check, stating that he had to deposit it into his account then deduct 3300 for his fees then cut her another check in 4 days. It has been a week and when she called he stated that he had to first pay the hospital bills before he gives her the check. We called the hospital and they stated that her health insurance has already covered all of the medical bill, so there is no bill out there. My question is what can she do to make sure the lawyer is not pocketing money that is rightfully hers and just saying that he is paying medical bills, also was she supposed to sign the check over to him and around how much of it should she recived considering ther aren't any outstanding bills?
2007-08-08 12:36:06 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Give it some time -- there are laws the firm has to follow to get the money distributed properly. First, the money will likely need to be deposited in either a non-interest bearing account, or an account where the interest is distributed to IOLTA (Interest on Lawyers Trust Accounts -- IOLTA.org)
Most states require that the check clear the bank prior to any payment coming from the account. Then, the payments are distributed.
The insurance company that paid the medical expenses will likely need to be reimbursed for these expenses. Your daughter likely had to sign some agreement to this effect, but if she didn't and the lawyer didn't pay them back, they would come after her for the money.
When your attorney does get the check to your daughter, if it doesn't automatically come with a statement indicating the total of the expenses and attorney fees and medical fees paid, request a detail on the bill.
Finally, if you are not happy with the amounts or believe the attorney did something wrong, start searching information at your state Bar level. You can access the State Bar at www.abanet.org.
But I would give it at least a week before being concerned.
2007-08-08 13:12:06 · answer #1 · answered by mj69catz 6 · 1⤊ 0⤋
Generally, as a condition of a a cash award, you are required to pay the hospital bills back.
I received a $100,000 settlement a LONG time ago. I had to pay the hospital fees. Ask the lawyer for a copy of all checks paid, and then verify with the hospital that the lawyer paid the bills.
And to kimlover - you wouldn't call the cops, this would be a civil issue, not a criminal issue. About the only thing the cops could do is ask the attorney to give your sister the check back.
2007-08-08 19:43:00 · answer #2 · answered by phirephoto 4 · 2⤊ 0⤋
The insurance company settlement included money for the medical bills.
The health insurance company probably has a right of subrogation. That means, they have to be paid back for any money they paid for your medical bills out of the settlement proceeds. Your attorney has a legal obligation to protect this lien. In essence, he has to to do it. He can do this by paying the health ins co directly or paying the medical providers who will refund the health ins co.
The settlement pays the medical bills first, attorney second and you last. Most likely, you will end up with about 1/3 of the settlement.
2007-08-08 20:07:20 · answer #3 · answered by Boots 7 · 2⤊ 0⤋
Something doesn't sound right at all. When my husband was injured in a car accident, the lawyer we obtained contacted all of our medical providers and made them aware of the suit and the payment that was to come after it was final. When our lawyer finally settled it, he presented us with a document that showed the total amount of the winnings, a detailed list of all the medical expenses, and the total of his billed amount. When we went to the office, he presented us with the complete breakdown of expenses and gave us a check for the remaining balance that was our portion.
2007-08-08 19:48:22 · answer #4 · answered by freebird_46349 2 · 2⤊ 0⤋
If she is covered by insurance and the insurance company already paid the hospital bill, there is probably some aspect of the legal settlement that is for the bills and expenses of her injury that have to be paid BACK to the insurance company.
2007-08-08 19:40:13 · answer #5 · answered by Polyhistor 7 · 2⤊ 0⤋
My husband just had a settlement in his case it was for 75,000 and we got 30,000 so I would suspect your sister is probably looking at a couple thousand . And yes she does have to sign it over to him first as for the hospital , I am not sure about that . Lawyers are crookes and liars never trust them . I would suggest she monitor this and take what she gets from him because then you would have to hire a new lawyer crooke and it will just become a big ole mess. She will get it soon just let the crooke get his share . Sorry to hear that I know how she feels.
2007-08-08 19:45:32 · answer #6 · answered by Nichole C 2 · 0⤊ 2⤋
It's not unusual for it to take a week or more for lawyers to tally their fees and expenses from settlement checks.
Just tell your friend that when she does get that check, not to sign anything saying she recieved all that she was entitled to UNLESS they give her a detailed statement and she approves it.
2007-08-08 19:52:53 · answer #7 · answered by Hillary 6 · 2⤊ 0⤋
Maybe the insurance company has to get paid back. Just get the receipts from the lawyer and verify them.
2007-08-08 19:41:56 · answer #8 · answered by django716 3 · 2⤊ 0⤋
I would give it at least another week before starting to get nervous. It would be in danger of losing his license if he were to be doing underhanded things like you are suggesting. Just hold on and wait a little longer. Best of luck.
2007-08-08 19:46:19 · answer #9 · answered by Sweetharttt 7 · 1⤊ 0⤋
That is incorrect: the lawyer has no legal basis for keeping the check made out to her. She should have grabbed the money and ran, then waited for the lawyer's bill to arrive.
2007-08-08 19:39:39 · answer #10 · answered by smartsassysabrina 6 · 1⤊ 3⤋