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Motion for equitable distribution of settlement proceeds FL. Settlement was offered and the hospital does not agree to reduction

Miami, FL |

The case settled but the hospital does not want to accept the reduction. What is needed for an equitable distribution hearing?

Attorney Answers 2

Posted

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.

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9 comments

Asker

Posted

I am having trouble understanding. The case settled. The hospital refuses to accept the reduction. If a motion for equitable distribution of settlement proceeds is filed, what needs to be done/shown?

Erskine Clark Rogers III

Erskine Clark Rogers III

Posted

I don't have enough facts to give you a complete answer. I assume that the hospital has a lien for unpaid medical bills on any settlement proceeds as a result of the claim you had. While you have settled with the other party in regard to the injury claim, apparently, you have not settled with the hospital. The hospital has a lien on the proceeds or settlement. You need to speak with your injury attorney, because if the hospital does have a valid lien, he or she may not be able to release the portion of the settlement proceeds which would pay the amount claimed by the hospital until that issue has been resolved between you and the hospital.

Asker

Posted

Okay thank you. How does the issue get resolved with the hospital?

Asker

Posted

Since the hospital has a lien on the settlement

Erskine Clark Rogers III

Erskine Clark Rogers III

Posted

That is usually done by negation through your injury lawyer

Asker

Posted

So what does an equitable distribution hearing have to do with it?

Erskine Clark Rogers III

Erskine Clark Rogers III

Posted

I am not sure unless the hearing is to determine the distribution by percentage, or distribution of a portion of the proceeds above lien. These are questions that are better answered by your family lawyer and/or your injury lawyer.

Asker

Posted

I understand, I am just trying to get some outside research/information. Thank you for your help. What needs to be done for an equitable distribution hearing?

Erskine Clark Rogers III

Erskine Clark Rogers III

Posted

I am sorry and I don't mean to be evasive, but each and every hearing, like a chess move, is part of a larger strategy. Only your attorney can answer that question.

Posted

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.

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4 comments

Asker

Posted

You would not recommend an equitable distribution hearing as I was told may be the next step?

Dennis Michael Phillips

Dennis Michael Phillips

Posted

I just don't expect it to help.

Asker

Posted

Hypothetically, if an equitable distribution hearing was to occur, what is the process?

Dennis Michael Phillips

Dennis Michael Phillips

Posted

Attorney files motion and notices all relevant parties. All parties' counsel show up and argue how much they are owed. Judge sometimes orders a pro rata payment schedule to the relevant parties; but that is when they are all unsecured. Public hospitals are secured by liens by law; so they don't have to knuckle under to the judge's ideas.