My attorney negotiated my medical bills but for one of the bills he said that he was going to leave that amount in his escrow account while he try and get the Hospital to come down more. My only concern is that it's been since Jan. 31st of this year and he is still telling me the same thing.
It's not your money yet. Most likely the hospital has a lien against any recovery for the full amount that the hospital is claiming, which is why the full amount needs to be held in escrow. The hospital cannot continue to try to collect from you if the funds are already in escrow. If the attorney releases the funds to you and the medical bills aren't paid, then you will have a much bigger problem.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
2 lawyers agree
Construction / Development Lawyer
Your attorney may not be able to give the money to you as they may have aleady signed a "protection letter", promising to collect the money on your/their behalf and agreeing NOT to give you their share of the money, so that they are assured that they will be paid and that they don't have to sue you to be sure that they don't lose their rights to collect the subrogated amount.
Having said that, it is YOUR money and YOU should be in control. If he is trying to get the hospital to take less and you don't want him to do that, you just want him to pay the hospital, that is YOUR decision. That seems like an unusually long time, so I might be concerned, too.
Consider sending your attorney a letter telling him to stop the negotiation and just pay the hospital. It is possible that he is trying to negotiation lower because there isn't enough money, but you didn't have that in your question, so I assume not.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
1 found this helpful
2 lawyers agree
Car / Auto Accident Lawyer
If you signed an Authorization and Assignment to a medical provider, then the attorney is legally obligated to pay it from your settlement or judgment. Your attorney is doing exactly what he should do; he is trying to reduce the bill so that you will get more money in your pocket. This process can take a long time, he is not outside the scope of reasonable.