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How long should it take to receive money from a slip and fall settlement?
Queens Village, NY
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Posted 9 months ago in Slip and Fall Accident
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My mother agreed to a settlement for a slip and fall injury in the beginning of October 2008. Because we insisted, the attorney sent part of the money in January. He was waiting for Medicare's bill before he can send the balance. It has been 4 months since a settlement was agreed upon and the attorney has become nasty when my mother asks for the balance and now he is not returning calls. Should it take this long to determine what my mother will actually get? If he is not being honest and holding onto the money what recourse can I take?
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Answers (1)
Stephen Paul Ulan
This attorney is licensed in Pennsylvania.
Posted 9 months ago.
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Sometimes it can take a long time to get Medicare to determine what payment they will agree to accept on their lien, and your attorney may legitimately waiting for a response. However, there is no good excuse for
your attorney failing to respond to you. You can ask to see copies of any correspondence between your attorney and medicare to satisfy yourself that they are working on resolving this issue. Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further. |
