Legal Question in Personal Injury in Florida
Settlement Disbursement
My lawyer received the full
settlement amount in his office about
6 weeks ago. Two weeks after they
received the checks his assistant told
me that they have worked out the
balances due to the doctors and that
I can come in and get my portion. I
asked her at that time if they had yet
contacted Blue Cross regarding their
reimbursement claim. She told me
''no, if we were to do that, it would
take longter''. When I went in the
next day to get my check the lawyer
came out and informed me that I
would get nothing as they now
needed to contact Blue Cross! Why
wouldn't they have done that when
they received my checks??! Don't
they have to notify other parties of
their ''right to participate'' prior to
working on the settlement? Why
can't he admit that they screwed up
by failure of ''due diligence''? He has
offered to give me a ''loan'' if I really
need it, but that is besides the point.
Is there something I can do now?
He won't return my calls and gets
very rude when I do get him on the
phone. I am still waiting for my
money.
3 Answers from Attorneys
Re: Settlement Disbursement
Lienholders generally reduce the debt owed if you contact them.
Re: Settlement Disbursement
Remember that Walmart story . . . . happens all the time. Blue Cross has a lien of the amount that they paid for medical expenses. That needs to be negotiated and resolved before you can get your money. The Blue Cross lien will come out of your share of the proceeds. Typically, the final numbers are obtained around the time of settlement. It can take a month or so to resolve the lien.
Re: Settlement Disbursement
Read the "Statement of Clients Rights" given to you at inception. Negotiation of the BCBS lien requires your approval as do other liens. Giving this job over to a clerk when it should be negotiated by your lawyer with your concurrance seems cavalier. You are correct that it should have been done promptly upon settlement. You may ask for copies of correspondence with BCBS and tender to you of your net recovery holding the lien amount. The attorney should not take his fee until you sign the final settlement statement. If you are unhappy with the lawyers rude conduct you may want to consult with another attorney to negotiate the lien (if it is substantial}. There are law firms that have come to specialize in negotiation of lien claims. At the vary least you should write the attorney so he will know of any rudeness by his staff. Settlement should be a time for happy celebration of the end of litigation.
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