Legal Question in Personal Injury in California

Early settlement payment release options

My sister and I have been awarded a settlement of $15,000 in a personal injury lawsuit ,

and as is common practice , the lawyer gets a third ($5000) , my sister and I get a third (5000) , and the insurance companies are dickering over the remaining third(5000).

Is it legally possible to have mine and my sisters third sent to us now, have the lawyer take his portion now and leave the final third remain until the insurance cos. settle their dispute among themselves or are we forced to wait until all parties can be paid at once?


Asked on 7/30/00, 7:54 am

1 Answer from Attorneys
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Early settlement payment release options

Thank you for posting your question to my website.

Generally, two people are not awarded one lump sum of money. Each claimant would have a separate claim with a separate attorney fee and medical disbursements. If such a "package" settlement or verdict is made for two people, the attorney should still divide the cases into individual settlements and disbursements. One person may have been hurt worse than the other. How are you and your sister going to split your $5,000.00?

Usually, insurance companies pay with one lump sum payment at the end of the case. In most cases, you or the attorney cannot get "up front" money. What insurance companies are arguing over the money? Are they auto insurance companies or health insurance companies? There may be differences in how your question is resolved when we know further details.

If you are represented by an attorney, you should discuss these issues in more detail with your own attorney. If you are not represented, please call my office number area code (714) 963-5123 so I can give you a more specific and personal evaluation by telephone. If you call and I am not in, please leave a day and evening number so I can get back to you.

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Answered on 8/06/00, 1:26 pm


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