Legal Question in Personal Injury in California
3 years ago i fell down a flight of stairs breaking a rib,due to the lights out in the hallway.i won my case 3 years later.at the arbitration there was 2000$ check in my file for medical from the ins.co should i have received that from my lawyer at the beginning of my suite?i was out of work for 4 months i had to take a loan to pay my rent,if i had the 2000$ i wounldnt had to.is my lawyer liible for the amount of the loan?
2 Answers from Attorneys
Your lawyer should have told you of any partial settlement. Insurance companies rarely settle the medical portion of the case without also settling liability, as it is additional leverage for them. You need to find out all the details from your attorney as to what the check was for, when he got it, why he did not tell you, why it could not e used to pay for the medical bills, etc. I suspect you are lacking some important information to explain his actions.
I think you need to ask your lawyer what happened in your case. I am a little confused as to who had the $2,000.00 check for you. If the insurance company had the check for you then you lawyer may never have been told about check. They may have brought it with them to the settlement conference as a bargaining tool. If the check was in your lawyer's file then you need to find out why your lawyer never told you about the check.
Next, are you stating the check was dated back three years earlier? If so they had to issue you a new check because checks are only good for 90 days.
There are a lot of questions that need to be answered before you discover that your attorney did something wrong.
Good luck
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