Legal Question in Personal Injury in Maine

Timley payment of settlement

How long does a ins. Co. Have to pay after settlement? It has been 4yrs award 65k how does interest on settlement work? Do i have to pay back my ins co. For paid med. Care?


Asked on 8/05/08, 10:42 am

2 Answers from Attorneys

David Marchese Drummond & Drummond, LLP

Re: Timley payment of settlement

Thank you for you inquiry. It is highly unusual that you have such a large delay. It makes me wonder why they are not paying. Do you have a judgment? A written agreement for settlement? Have you signed a release of your claim? If you have judgment from court, then post-judgment interest applies, but you may need to get an order for it. Medical payments that are made by your own insurer(s) are usually subject to liens asserted by the insurer, so you have to repay from the settlement funds. I would be happy to assist you. Please feel free to call me to discuss that.

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Answered on 8/05/08, 11:15 am
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Timley payment of settlement

I am very concerned about what is going on with your case. Did you use a lawyer or did you settle it yourself? Is it a personal injury or a worker's comp injury? It is possible the settlement had a built-in annuity or scheduled payment, but if that were the case you should have been made aware of that at the time of settlement.

You should be entitled to interest post judgment, or possibly pre-judgment if a suit needs to be brought now to effect the payment.

My office is located in Millcreek in South Portland. I would be happy to discuss further if you would like to call. Thanks.

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Answered on 8/05/08, 11:28 am


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