If the lawyers recieved their portion of the money, why are they with holding the rest of my settlement money?
Its been three years since the accident my fiance was in. My fiance recieved half of his settlement money in 2012 after the lawyers recieved their money. We gave them numerous paper work involving the accident now the lawyers are saying they need proof of residence for 2009. We gave them a notarized letter stating his residence for 2009 from our landlord, the lawyers said that's not acceptable. We been calling but no one are answering his calls or the laywers tell us the person he need to speak with is not present (all the time). Please Help!!! What do we do??
I agree with my fellow attorneys, this is not common. There is an issue that need to be addressed. Your lawyer is required to communicate with you. Call and demand an appointment or send a certified letter requesting an meeting.
There must be more to this..... are there liens? There is something more going on.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
This sounds like an odd set of circumstances with many possible explanations.
Based upon the requests for proof of residence, my gut feeling is they your husband's attorneys are now pursuing a claim for supplementary underinsured motorist benefits, or SUM. In this type of claim, you have already exhausted the insurance policy of the person who caused the accident and you are now asking your own insurance company, or the insurance company of a family member who you live with, to provide additional coverage. This coverage is only available when your injuries are so significant that the first policy is not full compensation.
When your husband received the first "half" of his settlement, that was the settlement with the person who caused the accident. Now the second potion of the case is against the household insurance company directly. Before you can qualify for this type of coverage you must prove that you were a resident relative at the time of the accident. Meaning your husband actually was a resident in the house with the person who is insured under the policy.
This is only one possible explanation, and I am making many assumptions to arrive at it, but it is the most plausible one I can think of based upon your explanation.
You should contact the lawyer and ask for a meeting to discuss the matter in detail. Your husband deserves an explanation if he is not aware of his case status.
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
You should ask if there is someone else who can assist you or provide you with further information. Also, what exactly are they asking for as acceptable. If you have lived there you can undoubtedly show 12 months worth of bills being sent to that address in your name?
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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
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In my work as a legal malpractice lawyer I have seen that sometimes a certified letter to the lawyer demanding an explanation or else you will complain to the state bar sometimes produces results. The results may not be what you want but a letter like that certainly get's a lawyer's attention and communicates that dodging the client will no longer work.