Legal Question in Personal Injury in California
Can I sue the insurance company that settled with my minor child after her back was broken in a car accident. They gave her $ and 3 yrs. medical. They stopped paying all Dr. bills immeduiately after settlement signed. All medical services have been stopped for almost two years. My child is suffering. They paid out $, it is in locked acct. Prvious attorney unhelpful.
3 Answers from Attorneys
Do you actually have a copy of the settlement agreement? Was there a minor's compromise filed with the court? If the insurance company has in fact violated the settlement agreement, then something can be done. Has there been any explanation by the insurance company? There must be more to this story.
BARRY BESSER
www.besserlaw.com
Usually settlements are paid as a "lump sum" and are not held open for continued medical billing. It sounds to me like you have the very, very common misconception that it is possible to leave a claim open and treat it like a health insurance policy. In reality that never happens.
Most likely the settlement included money that was intended to cover future medical costs. If there are such new bills, your judge would most likely allow access to the locked account to pay for them. If your lawyer won't return your calls, complain to the State Bar.
You should have another lawyer review the settlement. The terms you describe are plausible, but they would be quite unusual. Are you sure the case settled on those terms?
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