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09-11-2018 01:01 PM
more information is obviously needed.
did the OP have a lawyer? did the defendent have a lawyer?
does the person or business she has a settlement from have any monies, bank accounts, property to attach or put a lien on?
to GET the settlement you generally have to go back to file papers and go back to court if the defendent is not cooperating.
09-11-2018 02:31 PM
@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.
On paper my Dad did get a settlement, but he had to turn it all over to medicare. It really does feel that it should be unethical for the lawyer to walk away with $200,000 and my Dad got nothing, but that was how it went.
09-11-2018 02:52 PM
@beckyb1012 @Lipstickdiva A lot of firms don’t waive costs.It depends on how well the firm is doing. I know of firms who are well off & have done it.Others don’t.
That being said the most important part of all this is that the client receive payment . It’s unethical for a firm to collect a fee & leave the client in the lurch. Attorneys take an oath.They need to protect the interests of their clients.Even if it means occasionally waiving or reducing their fee.
My son is a law student & clerks for a large law firm.I just asked him for his thoughts.He told me that his firm will waive or reduce costs on occasion.They will waive a fee to make sure a client is treated fairly, usually about twice a year.
There are a lot of good & bad attorneys out there.Some only care about their bottom lines.Others care about both their clients & themselves.It’s important to choose the right one.
I personally would never hire an attorney who was struggling financially.Then again I’m lucky DH & I know a lot of attorneys who have always steered us in the right direction.
09-11-2018 03:57 PM
I am a paralegal and I work for a law firm. I don't see it as unethical. Her father did win a settlement. It isn't the lawyer's fault that he was required to use it to pay medicare. The lawyer did hs job by winning a settlement for his client.
09-11-2018 07:39 PM
@esmerelda 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 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?
My mother's attorney got 50% (a technicality and not uncommon). She got enough to cover having an aide for three years. Fortunately for her she has enough of her own funds to go longer if need be.
What happens to those who don't have the money?
My mother at the age of 89 fell because a man walking behind her tripped and fell on top of her breaking her neck. She needs an aid for the rest of her life.
09-11-2018 09:15 PM
I was involved in a lawsuit car accident this was in 85. The guy ran a red light. Got a lawyer. Took 3 yrs to settle. After all the bills were paid, we got about $1000.00 out of 20,000 law suit. I was injured in the accident. The person who got the check book out was given $3000.00 for opening check book. Was given a detailed list of all the expenses. When I saw that, i told my husband lawsuits are worthless, the lawyers get everything and the plaintiff gets zero.
09-11-2018 09:17 PM
My father filed a mesothelioma suit and the case was settled 2 years after his death from lung cancer. As the beneficiary, I received 1/3, the law firm received 1/3, and Tricare received 1/3 for his medical expenses.
09-11-2018 09:37 PM
OP, yes - I collected a settlement from a lawsuit.
It took a long time to settle, but once we did things moved fairly quickly. We agreed on an amount, I signed the paperwork, and received a check a few weeks later for the exact amount I was told I would get. My attorney kept me informed throughout the process, so there were no surprises and I wasn't left wondering.
If you had an attorney, what did he/she tell you at the time? My advice is to call your attorney's office asap. That's the best way to get information about your particular situation.
Good luck!
09-11-2018 11:32 PM
@CelticCrafter wrote: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.
Of course I have, Many many many times. Yes I have one.
09-11-2018 11:39 PM
@NicksmomESQ wrote:@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!!
Thank you. Yes I have an attorney. No settlement papers have been signed by me, only the attorneys and it is filed by the court. Everytime I call my attorney, it's the same story, we don't have a date yet. Unfortunately I'm being told it is very legal for this to happen. It is not a car accident case. It is a nursing home negligence/abuse case.
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