Legal Question in Personal Injury in California
P.I. Lawyer Taking Forever To Get Settlement Check
It's been three months since my p.i. lawyer informed me that our auto accident case settled with the insurance company. He actually was the second lawyer because the first one was unresponsive and did not do anything to resolve my case. Now that the case is settled, I've been following up with his office every two weeks, then every week, then every other day. And I get no response. My lawyer and the secretaries are either hanging up or avoiding me. I communicated to him that I'm unemployed and some doctors are already threatening to send me to collection since the case started more than 3 years ago. Still no response even after 3 formal letters and about 10-15 phone calls. What can I do to get him moving faster? Should I complain to the CA state bar? Should I get another attorney and charge him for the fees and interest on delaying to get my check. I would appreciate your advice and response by email. Thank you very much.
3 Answers from Attorneys
Re: P.I. Lawyer Taking Forever To Get Settlement Check
I have had cases where it has taken up to three or four weeks to get a settlement check from the insurance company but three months seems like a long time. Has the insurance company actually mailed the check to your attorney? Has your attorney deposited the settlement check into his trust account or are there other delays with medical liens that have to be paid?
In California, the insurance company has to send a separate letter to you (the claimant) to advise you that a settlement check was mailed to your attorney. Have you received such a letter from the insurance company? If so, you could call the adjuster to confirm the date that the check was mailed and what the amount of the check was.
If you still get no response from your attorney, I would suggest sending him a final letter, certified, return receipt requested, indicating to him that if you do not receive a satisfactory response within the next ten days, you will make a formal complaint to the State Bar. Your complaint to the State Bar could include things like failure to communicate, failure to perform legal services competently and failure to disburse funds to the client. In this way, your attorney will have to sign for this letter and realize that you are serious. If there is still no satisfactory response, then make a strong and formal complaint to the State Bar. I don't know that hiring another attorney at this time would do any good except if you found another attorney who would be willing to make a phone call for you on your behalf for free or for just a nominal charge. The possibility of your attorney receiving a phone call from another attorney may be helpful. I am sorry you're having this problem - it doesn't do our profession or me any good when these types of complaints arise. Good luck.
Sincerely,
SAM M. EAGLE, ATTORNEY AT LAW
10101 SLATER AVENUE, #218
FOUNTAIN VALLEY CA 92708
PHONE - 714- 963-5123
FAX- 714- 964-9993
E-MAIL: [email protected]
WWW.EAGLELAW007.COM
Re: P.I. Lawyer Taking Forever To Get Settlement Check
How do you know the case was settled? How do you know when it was settled? Did you sign a release. Do you have a claim number and the name of the insurance company or defense attorney contact?
If the case was indeed settled more than a month ago, meaning a settlement and release agreement was signed by you and returned to your attorney more than a month ago, something is not right here. You should immediately contact the state bar and report the matter.
On rare occassions, attorneys collect settlement checks and then fail to account for the proceeds, dipping into trust funds for personal expenses. Unfortunately this is one of the more common causes of disbarment and attorney discipline. I'm not saying that is the case with your attorney, but you take a relaxed attitude about the matter at your peril.
You may want to hire an attorney to pursue the matter. If you want us to look into the matter for your let me know.
Good luck.
Re: P.I. Lawyer Taking Forever To Get Settlement Check
Give him/her aonther chance. Send a letter informing that if you do not hear from him/her within 10 days, you'll have no choice but to file a complaint with the State Bar for (1)client abandonment (2)failure to pay client the monies on a timely manner (3)failure to pay the lienholders, etc
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