Legal Question in Personal Injury in Texas
I had a car accident and my attorney has the settlement. The hospital where I was treated filed a lien 2 weeks after I was released.
Can I release (fire) my attorney to have the funds released to me? I am still injured, uninsured, the hospital is unwilling to reduce the Lien. I am in desperate need of this money.
2 Answers from Attorneys
If your attorney has a contract entitling him/her to a portion of the settlement and the case has settled, then the attorney has earned his/her fee and you cannot fire the attorney so you can get the money. Similarly, you can't get the money that's supposed to be paid to the hospital.
The hospital has a right to the first money out of a settlement once they have perfected a valid lien. The insurance carrier will not tender the money to you directly if they have knowledge of a hospital lien being filed. The reason is that they may be personally responsible for the hospital lien and have to pay the claim twice. You can always fire your attorney but that does not mean that they will not be entitled to payment for services rendered. I would suggest that you have a candid discussion with your attorney about what can be done to speed the matter up.
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