Legal Question in Personal Injury in California
Received my distribution statement from my attorney for my personal injury settlement. I initialed it and signed it. Emailed it back to my attorney. I was told the same day that I could pickup my settlement check based on the figures on the distibution statement the next afternoon. (I have an email confirming that)
The following day my attorney called me back and said there was a problem and the original distribution statement that i signed off on. It included med pay from my insurance company that I was already paid out and it should not have been on distribution statement. That money was not in the trust account. Therefore she was going to redo a new distibution statement and send it over to me. (I have not seen it yet)
My question is can I hold the attorney to the initial distribution statement that I signed or do I have to resign the new distribution statement with the lower settlement figure?
3 Answers from Attorneys
Often, med pay must be reimbursed by a settlement. Therefore, that would come out of your share of the settlement. Since it appears you're otherwise satisfied with what your attorney has done for you, cut your attorney some slack.
The first distribution was an attempt to give you the share of the settlement that you were entitled to; you were not asking for anything greater than that. All you are entitled to is the share agreed to in the written attorney fee/distribution contract. You can not hold some one to an un-intentional error. Would you like it if every time you said something others could hold you to that statement, no matter what?
Sure, so long as you first repay your attorney for the first payment that was already paid out.
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