Legal Question in Personal Injury in California
Personal injury claim
Personal injury. Lawsuit filed. Defedant's insurance company reimburses medical bills to plaintiff's attorney.
Attorney deposits in trust account.
Defendant's obtain summary judgment in their favor. What is the correct distribution of funds in trust account?
Can attorney use those funds to cover his costs or must the money be paid to plaintiff and/or plaintiff's medical insurance carrier?
2 Answers from Attorneys
Re: Personal injury claim
Unusual to say the least, but I think the attorney would be entitled to split the 'recovery' with the client in accordance with the retainer agreement. This is no different than any other recovery where there are still bills to pay.
Re: Personal injury claim
Read your retainer agreement. It should answer any questions you have about the attorneys right, or obligations, to use the funds in his trust account.
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