Can my Attorney hold money out of my settlement, because the company have a lien?

Asked almost 3 years ago - Riverdale, GA

I was in a car accident. So my medical bills were handled through my workmans comp. I guess since the hospital could not collect the money from them, which I was not aware. They put a lien on my house, which I was also not aware. They did not give me the opportunity to settle the debt with them. Well, my house foreclosed, so I guess they contact the workman comp and they gave them my attorney's info. So they called her and told her they had a lien. When I settled my case she took her 20% out of the total amount and then took the additional amount that the hospital said I owed them and it she has been holding it for 5 months. Says she is still investigating if they followed proper procedures to collect before the filed a lien or if i was given proper notification. I shouldnt take this long.

Additional information

She told me that she wasn't going to pay the hospital because she had already received settlement check. And in that amount included reimbursement amount to pay the workmen comp for medical bills. So case was already settled and I wasnt aware when she settled with the workmen comp that they hadnt paid the hospital bill at the time. How can she feel like its her obligation to disperse my money out how she see fit. Well I understand why she did it that way now.Had the company that settled included the hospital amount in with the settlement she would not have made as much money. So in the end I'm getting screwed. And everytime I call her about it she will say well I can just pay them the whole amount so that I'm no longer involved in it or I can turn it over to the court and let the judge decide. How can this be fair? She know they didnt give me proper notification. She need to release my money. Should I contact the bar association and file a complaint?

Attorney answers (2)

  1. Theodore Lyons Araujo


    Contributor Level 20

    Answered . Your attorney must settle any liens against the settlement before they can issue the funds to you.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more
  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . When you are injured, many states give the medical providers liens on settlements. The attorney who settled the case is responsible for paying those liens before paying you. You are not getting screwed. The providers are getting what the law entitles to get and your attorney is doing what the law requires.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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