Legal Question in Personal Injury in Nevada
Personal Injury
My attorney disbursed my settlement check and did not pay one of my provider because he felt like they were cheating me, so without my knowledge or the provder he held the money in a trust and won't release it to me while the provider is in a lot of trouble due to some felony charges about over charging clients and is facing twelve years, shouldn't i be entitled to the money held in trust even when i had good insurance that paid majority of my bills?
2 Answers from Attorneys
Re: Personal Injury
When there is a dispute on settlement funds the attorney is obligated to hold the disputed money in his trust account until either the Court or the State Bar decides the issue. If he gives you the money the attorney may be liabile if the medical provider is rightfully entitled to the funds or part of them.
Re: Personal Injury
It's hard for me to answer this question without more information. However, it sounds like you signed a lien with your medical care provider known as an "attorney/medical lien" on your settlement which actually obligates your attorney to hold onto the money. If you never signed such a document then your attorney owes no duty to the provider and should pay you the money and let you deal with it. Ask your attorney if the provider had you execute a lien on your settlement.
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