Legal Question in Legal Ethics in Kentucky
personal injury settlement holding
I have just settled a personal injury case with a substantial amount of money and now my lawyer is trying to hold my money until medicare takes their part. Is this a valid law or is he trying to hold my money for himself?
1 Answer from Attorneys
Re: personal injury settlement holding
Medicare often seeks reimbursement for claims they have paid when there is a third-party recovery such as you describe. It is usual for an attorney to retain the amount of the Medicare claim in his trust account if they are in fact entitled to be repaid. The balance of the funds are free for disbursement, however, and should be dispersed promptly. If you suspect a problem first contact your attorney, and if you are not satisfied, contact your local bar association and they will advise you how to proceed.
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