Does anyone have any experience collecting a settlement from a lawsuit?

Warrior2022 · ‎05-31-2018

Was settled 9 months ago.

Thanks.

CelticCrafter · ‎03-09-2010

The obvious question is, did you call your attorney?

If you didn't or don't have one, maybe it's time to speak with one.

Group 5 minus 1 · ‎03-11-2010

So what are you going to do?

'cuz every girl's crazy 'bout a sharp dressed man

151949 · ‎03-09-2010

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.

NicksmomESQ · ‎08-19-2014

@Warrior2022 I used to work in the insurance claim field.My DH has been in the industry for 40 years. He’s currently a manager.

Just to make sure I ran your question by him. There is something wrong here.Call your attorney ASAP.If he fails to give you a satisfactory answer or avoids your call contact your State Insurance department.I’m not saying he took your money but it’s been known to happen.

It shouldn’t take this long to get a check.Did you ever sign a release from the insurance company under the direction of your attorney?

If you settled the case on your own without an attorney did you ever receive & sign a release saying you accept X amount of money in settlement of your case? Call the claim manager!! He should look into the matter & get your check issued.Do this before you go to an attorney because he will charge you 1/3 of your settlement amount + expenses to get you a check in a case that you already settled.

Good luck!!

NicksmomESQ · ‎08-19-2014

@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 Something doesn’t sound right .The No fault portion of the auto policy would cover all the accident related medical bills.This should have nothing to do with Medicare.What state do you live in?

151949 · ‎03-09-2010

@NicksmomESQ wrote:
@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 Something doesn’t sound right .The No fault portion of the auto policy would cover all the accident related medical bills.This should have nothing to do with Medicare.What state do you live in?

His care was over 2 million dollars - far exceeded the limits of both his and the other guys policy. Then medicare took over , but any funds that were gained from law suits had to go to repay medicare - but the lawyers got paid first. We were fortunate that my Dad was a vet and back in 1991 - he was able to have his nursing home care at a special place that would care for ventilator patients & a person who was a quadraplegic paid for by the VA, because they did not have a facility where they could care for him. They even allowed him to have a full time private duty CNA with him 16 hours a day so he was only alone at night while he was sleeping anyway. You'd never get the VA to do all that now a days.

NicksmomESQ · ‎08-19-2014

@151949 WOW!! That accident was really catastrophic. So sorry you had to go through that.When No Fault is exhausted personal insurance does kick in.

Medicare liens unlike private health insurance liens are hard to negotiate . However,your attorney should have reduced his fee or waived it to make sure you got something.If you’re up to it I would recommend that you file a complaint with the Bar Association in your state.JMO.

Lawsuits should benefit the injured party.It’s unethical for an attorney to leave his client bare.Why then would anyone want to file a lawsuit?

Amended: Oh wait, did this accident happen in 1991? I just noticed that date. If that’s the case it’s too late to file a complaint. I’m sorry!!

sdcowboy · ‎03-10-2010

@151949 WOW!! That accident was really catastrophic. So sorry you had to go through that.When No Fault is exhausted personal insurance does kick in.

Medicare liens unlike private health insurance liens are hard to negotiate . However,your attorney should have reduced his fee or waived it to make sure you got something.If you’re up to it I would recommend that you file a complaint with the Bar Association in your state.JMO.

Lawsuits should benefit the injured party.It’s unethical for an attorney to leave his client bare.Why then would anyone want to file a lawsuit?

If you sue the attorney and loose you will then be responsible for all court fees and their attorney fees; which could be sizeable. I am sure the documents you signed to retain your lawyer are air tight. The attorney gets their share no matter what the outcome is.

Lipstickdiva · ‎03-10-2010

@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.