Legal Question in Personal Injury in Florida

Take all of your documents to a legal malpractice lawyer. (You can get a referral from your local bar association) Have that lawyer review the stipulated settlement that was filed with the court and all of your insurance attorney's documents, copies of checks, fee agreement, accountings, everything. She is responsible to you for the proper payment of your award, in accordance with your written retainer/fee agreement between the two of you. In the event that she has failed to remit all of your proceeds from the settlement, your new attorney will tell you the next step.

To add to what Ms. Schellenberg said, many times there may be a lien on settlement proceeds and until those liens are satisfied all proceeds can't be distributed. Many attorneys will disburse up to the amount of the lien if the lien amount is being negotiated. Once the lien is resolved the attorney will then distribute any monies left over.

You should talk to your attorney and get clarification on what is going on. She may be simply trying to negotiate a lien down on your behalf in order to give you more of the settlement. I recommend this course of action before finding a malpractice attorney. Chances are you won't need the malpractice attorney and anything they recover will then be reduced by their fees.

5 months seems long. Call them and ask what is going on. If you are not satisfied, you can always complain to the Bar Assoc. and they will investigate.