Legal Question in Personal Injury in California
I was hit by a fedex truck in Sept of 07 while riding my bike in the bike lane. I sustained a dent to my patella which caused cartilage and meniscus damage. Under the advisement of tim ryan, my attorney, I settled out of court after 7 hours of mediation for the sum of 95K. This mediation took place on November 17th, 2009. I signed a legal document, as did my attorney and the defense attorney, John Gardner Hayes(who represented fedex), which stated that the 95K was to be paid on or before the 10th of December. Well I have yet to see my money. As a result I've had to cancel two medical procedures on my knee which I can't pay for until I receive the settlement. I specifically set up these procedures on my knee after the 10th of December because I had signed a legal document stating I would have the money by now. Is there anyting I can do? File something on my own?
2 Answers from Attorneys
You didn't say whether you've contacted your attorney to put pressure on the defendant to pay. Your attorney might go to court to enforce the settlement agreement.
Give old Tim a call and ask what the deal is and where is your money. If Fed Ex agreed to pay by a certain date in the agreement and didn't you can sue them for breaching the agreement and if it was written correctly pick up your attorney's fees and costs too.
If there was no written agreement to pay you by a certain date then you are out of luck.
Remember Tim doesn't get paid until you do so he should be motivated to collect your settlement. Call him to give him a little extra motivation.
Good luck and I hope you get your money soon.
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