Does anyone have any experience collecting a settl... - Page 4

Warrior2022 · ‎05-31-2018

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

Yeah, thanks, I never thought of that.

Warrior2022 · ‎05-31-2018

@Tinkrbl44 wrote:
@Warrior2022 wrote:
Was settled 9 months ago.

Thanks.

@Warrior2022

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

Okay, exactly, the problem is that the defendant has not paid anything to anyone. Clear?

Warrior2022 · ‎05-31-2018

@NicksmomESQ wrote:
@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.

It is a nursing home, plenty of assets.

Warrior2022 · ‎05-31-2018

@sunshine45 wrote:
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.

Thank you for your questions and I see how they may help. Thanks for putting it so nicely. Yes, I have a lawyer. 2 actually. It is a nursing home negligence/abuse case. A settlement was reached in November but no pay date was set. Every time I call my attorney, she is working on it. After sending a email very early this am, she called me and did say we were going to have to go to court to force the payment.

kivah · ‎03-11-2010

@151949

In 2000, I was coming out of my lawyers driveway (had a lawsuit against my employer) onto a quiet street during the day. I saw an 18-wheeler drive toward the corner - and I slowly drove behind him (several car lengths behind him) - and he started backing up and I froze - and the back of the truck was on the hood of my car. The name on the truck said RENT IT. A very big company out of the south. The driver was from another country and I asked him why he backed up and where he was going - and he said, "he was going to back up in the driveway I drove out of." HUH??? He obviously wasn't very smart. A friend of a friend referred a lawyer --- and the trucking company paid my medical bills (I needed orthoscopic knee surgery) and car repair --- but I never collected a penny for myself. It wasn't until recently - that I realized that the lawyer stole my settlement. Usually the check is in their name and they're supposed to give u ur share - how do u know what's yours? Can't trust anyone --- especially lawyers.

Tinkrbl44 · ‎08-23-2010

@Warrior2022 wrote:
@Tinkrbl44 wrote:
@Warrior2022 wrote:
Was settled 9 months ago.

Thanks.

@Warrior2022

Okay, but ..... What exactly is the problem?
Okay, exactly, the problem is that the defendant has not paid anything to anyone. Clear?

@Warrior2022

Yeah, now it's clear, but your OP was pretty vague, and people shouldn't have to guess what you're actually saying. No need to get snotty and defensive with people trying to help you. Clear?

elated · ‎06-09-2010

@Warrior2022 wrote:
@sunshine45 wrote:
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.
Thank you for your questions and I see how they may help. Thanks for putting it so nicely. Yes, I have a lawyer. 2 actually. It is a nursing home negligence/abuse case. A settlement was reached in November but no pay date was set. Every time I call my attorney, she is working on it. After sending a email very early this am, she called me and did say we were going to have to go to court to force the payment.

You have an incompetent lawyer. Once you get a judgement, you can put a lien on their bank account. You can pay someone to go in their business and collect all funds coming into the business. You can place a lien on their property. You have a judgement against them, you need to hire another lawyer to sue your current lawyer and get your money. Quit waiting around for someone to do a job that they are not doing. Just be aggressive and follow through. If you don't watch out for yourself, no one else will.

Warrior2022 · ‎05-31-2018

@Tinkrbl44 wrote:
@Warrior2022 wrote:
@Tinkrbl44 wrote:
@Warrior2022 wrote:
Was settled 9 months ago.

Thanks.

@Warrior2022

Okay, but ..... What exactly is the problem?
Okay, exactly, the problem is that the defendant has not paid anything to anyone. Clear?

@Warrior2022

Yeah, now it's clear, but your OP was pretty vague, and people shouldn't have to guess what you're actually saying. No need to get snotty and defensive with people trying to help you. Clear?

I am sorry, I really don't understand what was not clear? It was really a simple question. Your own response was quite snotty.

Warrior2022 · ‎05-31-2018

@elated wrote:
@Warrior2022 wrote:
@sunshine45 wrote:
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.
Thank you for your questions and I see how they may help. Thanks for putting it so nicely. Yes, I have a lawyer. 2 actually. It is a nursing home negligence/abuse case. A settlement was reached in November but no pay date was set. Every time I call my attorney, she is working on it. After sending a email very early this am, she called me and did say we were going to have to go to court to force the payment.
You have an incompetent lawyer. Once you get a judgement, you can put a lien on their bank account. You can pay someone to go in their business and collect all funds coming into the business. You can place a lien on their property. You have a judgement against them, you need to hire another lawyer to sue your current lawyer and get your money. Quit waiting around for someone to do a job that they are not doing. Just be aggressive and follow through. If you don't watch out for yourself, no one else will.

Thank you. I was wondering about that. Suing my current lawyer. Unfortunately this is a huge group that specializes in this type of law, I'm not sure I could find anyone to go up against them. But you are right, I need to step up. Thank you.

VaBelle35 · ‎03-10-2010

@haddon9 wrote:
@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.

@haddon9

My mother is currently in rehab after being hit by a kid on a bicycle while walking on the sidewalk. Three kids on bikes were riding really fast and one lost control while trying to avoid hitting something else and plowed into her. She has fractures at the base of her spine, her hip and her pelvis and a concussion. No surgery, just rehab. She is in stage 1 rehab now and they are giving her concussion therapy and she is learning how to get dressed, get in and out of bed and get on and off the toilet using a walker. She can't lift one leg, so she has a set of tools she uses to lift her leg up to get in and out of bed.

Right now her insurance is paying, but they will not pay for home help because she is married. Her husband broke his wrist in the fall, so he can't even push her in the wheelchair because he can only use one hand right now.

She does not want to sue, but I told her she can just sue for the amounts not covered by insurance. She's not in pain right now, so she doesn't feel like she needs "pain and suffering" but she will once they stop the pain meds and I think she will always have pain from this.

She is 85 and has plenty of money, but I still think she should get at least her out of pocket expenses back for this.

And this is a good time to remind everyone to think about getting umbrella insurance.

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