Re: Does anyone have any experience collecting a s... - Page 2

chrystaltree · ‎05-10-2010

No but your attorney does. That's the attorney's job; call him or her.

NicksmomESQ · ‎08-19-2014

@Lipstickdiva wrote:
@NicksmomESQ, not all states are no-fault states. I'm not sure where @151949's lawsuit was. I live in Ohio and we are not a no-fault state. I happen to work for a firm that handles personal injury, wrongful death, malpractice, among other things. I cannot imagine how all that worked that the Plaintiff rec'd no money. As far as the attorney waiving his fee, they deserve to get paid something. At the very least they should get reimbursed out of pocket expenses. I'm not sure why anyone thinks an attorney should work for free though. Does anyone want to work for nothing? All the way around something doesn't sound right.

@Warrior2022 what kind of settlement are you talking about? It could be a settlement from anything but you are best to call your attorney.

@Lipstickdiva I’m well aware that not all states are No Fault states.I worked as a claims supervisor for many years.My DH is a manager with 40 years of experience. I ran this scenario by him before I posted. Most good attorneys in situations like this will take their expenses,or part of them & waive all or part of their fees.That’s the ethical thing to do.They do “pro bono” work all the time.

It’s not right for the plaintiff to end up with zero compensation. I agree with you something definitely doesn’t sound right.

IMW · ‎06-15-2014

Write a certified letter to your attorney asking for a full accounting of expenses involved in case.

You cannot get paid before signing a release of settlement check.

Only If defendant has assets will you be paid - this is called being judgement proof. If bankrupt you will get cents on the dollar.

A settlement is not a guarantee that a plaintiff will be paid.

Tinkrbl44 · ‎08-23-2010

@Warrior2022 wrote:
Was settled 9 months ago.

Thanks.

@Warrior2022

Okay, but ..... What exactly is the problem?

NicksmomESQ · ‎08-19-2014

@IMW wrote:
Write a certified letter to your attorney asking for a full accounting of expenses involved in case.
You cannot get paid before signing a release of settlement check.
Only If defendant has assets will you be paid - this is called being judgement proof. If bankrupt you will get cents on the dollar.
A settlement is not a guarantee that a plaintiff will be paid.

If the settlement was made with the insurance company, unless it went bankrupt which is unlikely,there is no issue of assets not being available for payment.

esmerelda · ‎03-10-2010

@151949 wrote:
When my parents were in a fatal car crash we sued the guilty party - they settled easily but we never saw one cent from either my folks insurance or the other guys.Our lawyer got his money but we never got anything. It all went toward paying back medicare for my Dad's care. The only one who profitted from this situation was our lawyer.

@151949 Bills were paid. That’s a good thing, right? Typically the attorney gets 1/3 or the settlement. Are you saying the rest (2/3) went to bills?

*********************
Keepin' it real.

depglass · ‎03-10-2010

We had a small settlement from our neighbor's insurance company when they measured the lot line incorrectly and started cutting down our trees. This was only $11,000.00 and between the forrester's estimate and our lawyer's fees, we netted only a couple thousand. I was a legal secretary back in the day and one has to be very careful whom you hire. I'm hoping internet ratings help, they didn't have them back then.

Jordan2 · ‎03-16-2010

My mother fell on ice on the grounds of her employer. No one wanted to pay her medical bills (health insurance wanted workmen's comp to pay). My mother had to obtain a lawyer to sue the owner of the property because she was getting all these medical bills. The lawyer did paper work, the case was settled just before picking a jury. The lawyer got his cut, most of the money my mother got went to paying the medical bills, my mother ended up with a pittance.

Lipstickdiva · ‎03-10-2010

@NicksmomESQ wrote:
@Lipstickdiva wrote:
@NicksmomESQ, not all states are no-fault states. I'm not sure where @151949's lawsuit was. I live in Ohio and we are not a no-fault state. I happen to work for a firm that handles personal injury, wrongful death, malpractice, among other things. I cannot imagine how all that worked that the Plaintiff rec'd no money. As far as the attorney waiving his fee, they deserve to get paid something. At the very least they should get reimbursed out of pocket expenses. I'm not sure why anyone thinks an attorney should work for free though. Does anyone want to work for nothing? All the way around something doesn't sound right.

@Warrior2022 what kind of settlement are you talking about? It could be a settlement from anything but you are best to call your attorney.
@Lipstickdiva I’m well aware that not all states are No Fault states.I worked as a claims supervisor for many years.My DH is a manager with 40 years of experience. I ran this scenario by him before I posted. Most good attorneys in situations like this will take their expenses,or part of them & waive all or part of their fees.That’s the ethical thing to do.They do “pro bono” work all the time.
It’s not right for the plaintiff to end up with zero compensation. I agree with you something definitely doesn’t sound right.

@NicksmomESQ, most attorney are not going to write off their expenses. Fees yes, expenses no. We have written off fees or taken a greatly reduced fee but the one thing our firm always does is get reimbursed for expenses. Otherwise you might as well close the doors because you won't be around for long.

But who knows what type of settlement the OP is even talking about. LOL

beckyb1012 · ‎03-09-2010

@Lipstickdiva wrote:
@NicksmomESQ wrote:
@Lipstickdiva wrote:
@NicksmomESQ, not all states are no-fault states. I'm not sure where @151949's lawsuit was. I live in Ohio and we are not a no-fault state. I happen to work for a firm that handles personal injury, wrongful death, malpractice, among other things.  I cannot imagine how all that worked that the Plaintiff rec'd no money. As far as the attorney waiving his fee, they deserve to get paid something. At the very least they should get reimbursed out of pocket expenses. I'm not sure why anyone thinks an attorney should work for free though. Does anyone want to work for nothing? All the way around something doesn't sound right.

@Warrior2022 what kind of settlement are you talking about? It could be a settlement from anything but you are best to call your attorney.
  @Lipstickdiva I’m well aware that not all states are No Fault states.I worked as a claims supervisor for many years.My DH is a manager with 40 years of experience. I ran this scenario by him before I posted. Most good attorneys in situations like this will take their expenses,or part of them & waive all or part of their fees.That’s the ethical thing to do.They do “pro bono” work all the time.
It’s not right for the plaintiff to end up with zero compensation. I agree with you something definitely doesn’t sound right.
@NicksmomESQ, most attorney are not going to write off their expenses. Fees yes, expenses no. We have written off fees or taken a greatly reduced fee but the one thing our firm always does is get reimbursed for expenses.  Otherwise you might as well close the doors because you won't be around for long.

But who knows what type of settlement the OP is even talking about. LOL

Never ever have we "eaten" costs on a case, even when a family member is involved. Regardless of whether an actual lawsuit was filed and litigation was in process prior to the settlement. Costs are expensive. Pro bono is fine and have done it many times for lower income people but you still have your own business to run and family to feed.

"Live frugally, but love extravagantly."