Skip to main content

I slip at a store have a lawyer i did get money but my lawyer has it untill medical sends him a paper of how much they payed

San Diego, CA |

i have being waiting for long time over 3 months when they had said 2 weeks they would send it my lawyer said he can not do any thing that it is up to medical does medical have a time frame or what can i do so i can get my money

Attorney Answers 8


  1. Thisinquiry demands you speak withyour attorney. Nothing happend overnight. Good luck.


  2. If the "medical" which is probably an medical insurance company or the government (Medicare, Medicaid)

    It is not uncommon for the government to take several months to let your attorney know what amount exactly you need to pay off

    Your lawyer have a legal obligation to pay your liens out of your settlement and you may have agreed to do so in your settlement release

    I would call you attorney and ask him/her to contact the medical lien holder to see where the status is and ask for copies

    Best regards

    __________

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  3. If you mean Medi-Cal, it can take many months until they supply you with a payoff amount for their lien..It will not be weeks. If you mean medical, I am presuming you have medical insurance who have paid bills and there might be repayment required. It all depends on the facts. Legally, if there is Medi-Cal payments made, your attorney cannot release the money to you otherwise your attorney can get in trouble. Talk to your attorney immediately and see if he/she has sent Medi-Cal a notice of lien, settlement and / or request for lien/payoff amount.

    Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at "dhiden@hrollp.com"


  4. Your lawyer will let you know when he gets a response from them.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. Medi Cal can be slow. The atty must make sure there is enough to pay medi-cal or else he can be in trouble criminally and with the Bar ethics. If your atty knows from having all the billing records the most medical may have paid, and if there is more than enough in the settlement to pay his fees, costs, medei-cal and any other liens, he could disburse the remainder to you. Ask atty to do this.


  6. How quickly your the lien holder will reply to your attorney will depend on the kind of lien holder and their general practices. Medicare and Medi-Cal can take a long time. Typically medical offices that hold liens or are owed balances are quicker to respond, but that also depends on the individual office. Your attorney should keep you updated as to what information he/she is waiting for and when he/she expects to get it.

    Good luck.


  7. I agree with Attorney Lassen. Your attorney will contact you when he hears from them.
    Good Luck
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  8. First party carriers' medical repayment obligations under casualty contracts

    It need not be all that complicated, but current law is confusing. The issue arises when a plaintiff pursues a personal injury case in which the plaintiff's own insurer paid medical bills. While the language varies by contract, insurance policies require repayment of medical monies advanced if the plaintiff collects from the tortfeasor or his third party insurer.The California State Bar has disciplined attorneys over the years for intentional non payment of a legitimate lien. Any complaint of the non payment of a known lien by an attorney will probably trigger an investigation. Upon notice of non payment of a lien claim, the State Bar will seek information whether money has been deposited into a client trust account and the current status of that deposit. Such concerns by the State Bar are likely to trigger a client trust account audit.
    Most commonly, the complaint to the State Bar will come from a former client who expected a lien to have been paid or by a medical provider who had an expectation of bill payment. The State Bar takes these complaints seriously, and the investigation commences.
    Under the American Bar Association Rule 1.15 of the Model rules of Professional Conduct, an attorney has an ethical duty to honor liens of third parties: …a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and upon request by the client or third person, shall promptly render a full accounting regarding such property. Model Rule 1.15 subdivision (d). A similar Rule of Professional Conduct is found in Rule 4-100 and the Standards promulgated by the State Bar. See in the Matter of Riley (Review Dept. 1994) 3 Cal State Bar Ct.Rpt. 91, 114 and Formal Opinion No. 1988-101 of the State Bar of California Standing Committee on Professional Responsibility and Conduct.Many clients do not understand the lien laws, and they may resist honoring a lien claim by an insurance company or HMO that has provided medical coverage under a contract of insurance. It is, therefore, vital that the client is aware of the potential lien claim throughout the process of the litigation.
    Case resolution breakdown authorization - At time of settlement or other case resolution, the monetary breakdown should itemize every bill and lien claim to be satisfied from the monetary recovery. The client should read and understand how the monetary recovery is to be distributed, the lien payment and whether there was a negotiated lien reduction.
    Emergency Room and Hospital Liens - Civil Code ’ 3045.1 et seq., allow a
    statutory lien for services provided by an emergency room facility and for follow-up hospital care. Whether the follow-up medical care must be immediate after the emergency room service is unclear in the statute. In Newton v. Clemons (2003) 110 Cal.App.4th 1 [1 Cal.Rptr.3d 90], the court found a county lien against a settlement was based upon Civil Code ’ 3045.1. It held a gap in the treatment by the county did not mean the care was not ongoing, as required by the statute. Note that a partial satisfaction of the lien by the injured person does not satisfy the plaintiff’s obligation for the entire bill. Newton, Id. p.16.
    Civil Code ’ 3045.3 requires the lien to be effective only if Aa written notice is properly served on the third party insurance carrier. Careful reading of this statute is important. Whether the plaintiff’s attorney has an affirmative duty to notify the medical facility of the third party case is debatable.
    When a hospital agrees to accept payment from an injured person’s health carrier under a predetermined contract, the hospital cannot lien the third party case for the balance of the bill. Parnell v. Adventist Health System/West (2005) 35 Cal.4th 595. Attor

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics