Legal Question in Medical Malpractice in New York

medical malpractice settlement

in the event of a settlement in a med mal wrongful death case how would you know if there are any liens on your settlement, and if so will the lien be taken out before your lawyer issues you a check? secondly in the event of a settlement can you have a settlement check deposited in any account of your choice or does it have to be your personal account?


Asked on 1/14/07, 5:14 pm

1 Answer from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: medical malpractice settlement

You attorney should be aware of the outstanding liens and should address those prior to issuing a settlement check to you. Usually, a lien will be taken out of the settlement check. As far as which account to use, if you are are the administrator and/or executor of an estate of the deceased in a medical malpractice wrongful death case, please address this with your attorney, to make sure that you are following proper procedures as far as distribution of the funds and not in breach of your fiduciary duties.

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Answered on 1/14/07, 8:42 pm


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