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Asker
Posted over 1 year ago.

I am having trouble understanding. The case settled. The hospital refuses to accept the reduction. If a motion for equitable distribution of settlement proceeds is filed, what needs to be done/shown?

Erskine Clark Rogers III
Erskine Clark Rogers III, Divorce / Separation Lawyer - Palm Beach Gardens, FL
Posted over 1 year ago.

I don't have enough facts to give you a complete answer. I assume that the hospital has a lien for unpaid medical bills on any settlement proceeds as a result of the claim you had. While you have settled with the other party in regard to the injury claim, apparently, you have not settled with the hospital. The hospital has a lien on the proceeds or settlement. You need to speak with your injury attorney, because if the hospital does have a valid lien, he or she may not be able to release the portion of the settlement proceeds which would pay the amount claimed by the hospital until that issue has been resolved between you and the hospital.

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Asker
Posted over 1 year ago.

Okay thank you. How does the issue get resolved with the hospital?

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Asker
Posted over 1 year ago.

Since the hospital has a lien on the settlement

Erskine Clark Rogers III
Erskine Clark Rogers III, Divorce / Separation Lawyer - Palm Beach Gardens, FL
Posted over 1 year ago.

That is usually done by negation through your injury lawyer

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Asker
Posted over 1 year ago.

So what does an equitable distribution hearing have to do with it?

Erskine Clark Rogers III
Erskine Clark Rogers III, Divorce / Separation Lawyer - Palm Beach Gardens, FL
Posted over 1 year ago.

I am not sure unless the hearing is to determine the distribution by percentage, or distribution of a portion of the proceeds above lien. These are questions that are better answered by your family lawyer and/or your injury lawyer.

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Asker
Posted over 1 year ago.

I understand, I am just trying to get some outside research/information. Thank you for your help. What needs to be done for an equitable distribution hearing?

Erskine Clark Rogers III
Erskine Clark Rogers III, Divorce / Separation Lawyer - Palm Beach Gardens, FL
Posted over 1 year ago.

I am sorry and I don't mean to be evasive, but each and every hearing, like a chess move, is part of a larger strategy. Only your attorney can answer that question.