Legal Question in Personal Injury in New York
Last January I was in a car accident. I hired a lawyer and on Sept 27th I received a letter from the woman's insurance company stating that the claim was settled and a check was sent to my lawyer. My lawyer had called to have me come in sign papers so that when the check came in, it could be deposited right away. I called him on Oct 7th and he said he had to have a guy go pick up the check. It should be done by the end of the month. I called my lawyer again on Nov 11 and he said his guy would be going on the 14th to get the check. I told him that I had gotten a letter that said the check was mailed to him and he just said... 'really, is that what they said"..... I called on Nov18th and he was out of the office all week but the secretary said he would call me back on monday, the 22 of Nov. He didnt call me by 3:30 so I called him. Now he tells me that his partner has mine and a few other checks and he is out of the office all this week. He will be back in on monday Nov 29th. I said so then I can come and pick up my check and he said "lets see what he has". Today I called the Ins. company that issued the check to see if it was cashed and he said it couldn�t be unless I had signed it. He also said my lawyer had called on Sept 29th to see if the check was mailed out, which it was. I am so frustrated! Is there something about this procedure that I dont understand or do I have reason for concern. Please help me out.
2 Answers from Attorneys
Sounds like your lawyer is not being truthful. It usually takes seven days for the check to clear with the bank, you should have had your money long ago. Tell your lawyer that unless the situation is resolved within a week, you will complain to the NY State Bar.
The whole business has an odd ring. Insist on an appointment with your lawyer, real soon. If he resists, delays, or makes excuses, consider telephoning the bar association to report the matter. Best, M. E. Zuller
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