Legal Question in Personal Injury in North Carolina

I settled my personal injury lawsuit at the beginning of May. I have yet to receive one dime of it as of today 9/24/16. I was told ( August) that the insurance company only sent a partial payment to his trust account and that the partial payment froze his account. We/I did not agree to partial payments. A lump sum is what we agreed to. Supposedly my lawyer completed paperwork to enlist the help of the presiding judge in my lawsuit in order to enforce the out of court settlement. I was told on separate occasions that he was going to send the following amounts to my bank account: 200,000; 43,000; and lastly, 80,000. I have received none of those amounts. Just recently, I have asked my lawyer to complete paperwork for a settlement loan in the mean time and he basically said that he was going to shred the paperwork. I told not to shred it but to fill it out and fax it back to the loan company. His comment was that he was worried about his percentage coming out of the loan proceeds. I still to date have not received any copies of my paperwork/documents even though I have asked at least twice. I have no idea what the status is on my case.


Asked on 9/23/16, 9:53 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

I am sorry that you are not getting more information about your settlement. Your first recourse is to your current lawyer, but it seems that you are not getting good, accurate and timely information from your current lawyerr. You therefore might want to consult with another attorney and provide him or her with things such as your settlement paperwork and emails/letters from your attorney to try to figure out what is going on here, and the best way to resolve this. Some of the things you mention sound irregular (e.g. freezing a trust account; having the court order enforcement of the settlement; partial payments). There is no way to untangle this other than by getting more information and guidance from your current attorney or hiring another attorney to review the matter. (Whether you should enter that loan transaction is a different matter. Those can be rather tricky.)

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Answered on 9/23/16, 10:08 pm


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