Legal Question in Personal Injury in Florida
my mom was killed in a car accident. she had the underinsured motorist policy. it paid out 50000 to beneficiaries. suppose to be my brother and I, however the insurance companysaid it had to be signed.for by a lawyer and one beneficiary. my lawyer deposited the check into his account after I signed the check and he did and kept $13000 of it and gave me the remainder and said I had to put it into the estate account to pay debts. he said he kept the money for the personal injury protection representation that he did..I don't understand that. I thought he got paid 3 percent of probatedestate after settled & I've been waiting for him to pursue the wrongful death case against the lady that killed my mother 5 months ago..he doesn't help me at all..I have to Google everything about how this probate thing works. I thought he shouldn't get paid till end. what personal injury part. basically he called the insurance company and charged me a check cashing fee..is he wrong or am I. please help.
2 Answers from Attorneys
If the attorney handled an under or uninsured claim on a contingency basis it makes sense that he would take a 1/3 fee if no suit was filed. That could not happen without client signature and approval. If the claims were through the Estate, then the Court would have had to approve the settlement as well. If the UM money was already collected, it would appear that there was no underlying insurance against the third party who caused the death, but that is a pure guess based on the facts as given. The pursuit against an uninsured tortfeasor is not usually a valuable pursuit unless the person has significant personal assets. Seems like you need to speak with your attorney about all the problems and/or you need to seek help from a new attorney.
Sorry to hear about you mom and certainly the problems you have had since on this matter.
There are a lot of things going on here. Only a full understanding of the issues and review of the documentation could lead to comprehensive answer.
You should have obtained a closing statement along with the disbursement. The closing statement is an accounting of how every penny of the proceeds was distributed.
In an auto accident death claim in Florida, there would be PIP available to pay for most of the medical expenses and funeral expenses. That money is paid to the providers, and not a lawyer.
In a Florida wrongful death claim, an estate is usually opened on behalf of the decedent and a Personal Representative appointed by the Court. The PR is charged with paying the debts of the estate with money in the estate. The PR may also approve settlement on behalf of the estate, which also requires court approval.
Sound like you need to have a sit-down with the attorney and discuss your concerns and have all of your questions answered. If those answers are not satisfactory, then seek a second opinion about the propriety of the events.
Best wishes to you.
**NOTE: The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
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