I have been in a personal injury lawsuit now for over 4 years. I am the client and my attorney sought claims?

by admin on July 17, 2010

from both the woman who rear ended me insurance company as well as my insurance co because she had crappy insurance. Her insurance co settled within a few months of the accident for ,000. The issue has dragged on for four years now with my insurance co because they did not want to pay. Anyways-my question is-where has this 000.00 been sitting this whole time? Do attorneys stick this in an interest earning account? If so, am I entitled to that interest? Reason I ask is that I feel like my attorney let the case sit and sit, and sit some more before ever really doing anything about it. Meanwhile, I could have really used the money as I was out of work for quite some time because of my injuries.
Please, no smart ass answers…and if you dont have anything nice to say then please skip my question. Thanks All!

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{ 5 comments }

Frank July 17, 2010 at 2:09 pm

If your attorney settled with the "at-fault" driver’s insurance company, than you would have had to sign a release, and a check. If you did sign a release and a check, your attorney should have dispersed your settlement proceeds at that time. If you signed a release and never signed a check, then maybe someone at your attorney’s office forged your signature. Either way, something is not right, and the statute of limitations in your State may have expired for any claim against your own insurance company for Underinsured Motorist coverage. I would call the Lawyers Bar in your state and file a complaint. You should find another attorney who can explain your rights against your present attorney, who may be guilty of embezzlement, in addition to malpractice. And do it right away.

Vipassana July 17, 2010 at 2:09 pm

Ah, but here’s the thing. You are NOT in charge of Yahoo Answers, so whether we have something nice or not to say, we can say what we want.

"Your" money hasn’t been anywhere. It’s been sitting in the bank, in their assets, as it was before the settlement. Whenever they finally write you a check, then it will move out of there.

It’s not like the settlement goes to a third party, to be held, or anything like that, any more than your money goes to a third party when you buy a burger at McDonalds.

Plus, if your attorney sat on the case for so long….why didn’t you hire another one? Why did it take YOU four years to do something about it? Sounds like you weren’t all that concerned with it, either.

Gypsy July 17, 2010 at 2:09 pm

So it took you 4 years to care enough about it, to do something?

Wow.

dieterzakas July 17, 2010 at 2:09 pm

I recently concluded a personal injury case myself, four and a half years after I broke my arm in March 2005.

Where you feel your attorney "let the case sit and sit," bear in mind things in PI cases move at their own pace. Motions are filed with the court, a judge has to hear it, etc., which accounts for the seeming "nothing happening," as this is all behind the scenes, in that it’s out of your view.

With respect to the $15,000 settlement, have you asked your attorney about it? Remember, as the client, you’re his boss.

Monica July 17, 2010 at 2:09 pm

You really should be contacting your attorney regarding this. As stated earlier, if the other insurance company settled, surely you signed a release. It should have been explained to you what exactly the $15k was for and how it should be applied. Also, if you were injured, I’m assuming you’ve incurred medical bills. Are your bills paid? What type of claim is underway with your insurance company? UM? PIP? MP?

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