Legal Question in Personal Injury in California
I received a settlement on a bicycle vs vehicle incident. After attorney fees i was left with approx. $20,800. Of that my attorney kept half in a trust fund "in case" the lien holder Came back to settle. But as far as I've been told the lien holder isn't looking to settle, and no longer holds my case. My attorney says he wants to hold the money maybe for a year or more. I find that ridiculous. But im no law savvy. So i want to know if there is a way for me to acquire the remainder of my settlement.
2 Answers from Attorneys
The best thing to do is to have the attorney work something out with the lien holder. I am not sure what type of lien it is or if it is in fact a lien so it is hard to tell you without knowing specifics.
This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.
If you know for sure that the lien holder is no longer claiming a lien get them to give you something in writing. Once that happens your lawyer must release the funds. Also you need to see the proof of the lien.
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