Legal Question in Civil Litigation in Florida

unpaid law suit

We were involved in an auto accident that my lawyer handled and said he would receive payment of $6500.00. After consideable time he said they were willing to settle and asked me to sign papers so he could collect the monies. That took place around July 2006 and I haven't heard anything from him. When I call he tells me he is waiting to hear from Medicare that there are no outstanding bills. I don't know what medicare has to do with this and I would like to find out if he did collect the monies or not.

Can you help me??


Asked on 12/17/06, 8:22 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: unpaid law suit

just ask him. the check would come made out to you and him. Did medicare pay for any of your bills? if so, they get some repaid. They sometimes take FOREVER to tell the lawyer what is owed. but, money can be withheld pending that determination and the remainder paid to you

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Answered on 12/17/06, 8:32 pm
Jacob Lieberman Lieberman Law Company

Re: unpaid law suit

Medicare has a right of subrogation for any bills paid. Check with all of your medical providers if Medicare has paid any bills. Did you receive any EOB's from Medicare?

After your suit was settled, anything that Medicare pays AFTER settlement is usually not subject to a right of subrogation. Medicare does take a long time to respond (6 months to a year in many cases), that is why i encourage my clients to try to avoid have Medicare involved as long as possible.

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Answered on 12/19/06, 10:46 am


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