Legal Question in Medical Malpractice in California
attorney witholding settlement for 5 to 6 months
My mother an 80 year old woman sued a drug store in Ca for wrong dosage of medication the suit was settled in mediation after 2 years for $50,000 of which our attorney claims her share to be around $15,000 he is also witholding those funds because he says under CA law he must negoiate some kind os settlement with her medical insurance provider Secure Horizons (medicare) he says that well take 5 to 6 more months meanwhile he has collected the $50,000 and my mom is not able to purchace the medications she needs from the damage she recieved as a result of this suit is this the law and he has charged her 1/3 of the settlement plus expenses is this the average as well thank you for your advice
3 Answers from Attorneys
Re: attorney witholding settlement for 5 to 6 months
I fear you instincts may be correct. Normally we resolve settlement of subrogation claims in advance of settling the case with the defendant. Settlement of subrogation claims should not take that long in any case. You should formally demand an account from the attorney and copy Bar Association, asking them to monitor the matter. If there is a fee dispute you have the right to have that arbitrated under the rules of the County Bar Association fee arbitration program.
Re: attorney witholding settlement for 5 to 6 months
YOUR ATTORNEY may be doing exactly the right thing that may benefit you/your mother the best. Communicate with the attorney to get the best information you can.
Re: attorney witholding settlement for 5 to 6 months
You have not given sufficient information to get a specific answer.
Talk with her attorney and get his explanation. He may be correct but it is worth having a full explanation.
If any attorney does not fully and satisfactorily explain the situation you may hire another attorney to review the matter.
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