it certainly sounds like the motion for equitable distribution of settlement proceeds is premature. Is it possible that there is enough of the settlement agreement for distribution, while the amount of the hospital lien can be held in escrow? You will need to speak with your attorney for the specifics.
The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.
Assuming that it is a public hospital, they won't have to deal with you. They are entitled to a lien by law that is even superior to your attorneys' fees. Hospitals in South Florida are tough to deal with. I only know of one or two attorneys that successfully take them on.
Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.