Legal Question in Personal Injury in California

Re: Leins against an award

First I'd ask your attorney for an accounting of the liens (who they are from adn the amount), and information on the trust account (bank, account number, etc.). If there are liens they should have been settled by now. The attorney may or may not reply. Depending on his/her response I'd next contact the State Bar. If the liens do not exceed your share of the recovery then he/she can reserve sufficinet money in the account to pay the liens and give you some money. I've read the other two accounts which presumed that your attorney was honest. He/she may be. However, I'm a little more suspicious concerning the holding of the money for what I believe to be an excessive time.

Re: Leins against an award

The attorney's fee is not subject to the liens, only your share and the liens can be for more than your share, in which case your attorney will get paid, but you will receive none of the settlement recovery. It doesn't sound like a fair result, but the liens are for services performed for your immediate benefit.

Re: Leins against an award

Your attorney needs to put the money in a separate interest bearing trust account pending resolution of the liens. The recent 9th Circuit case ( Great Western vs. Knudson puts into question the issue of recovery of leins from an ERISA covered insurance. Your attorney should be able to reduce the liens and possibly get you some recovery.