Skip to main content
C. John Cotton

C. Cotton’s Answers

8 total

  • How long should it take to get your check after a settlement personal injury case is agreed by attorneys

    C.’s Answer

    As I understand the facts, the case was settled in December of 2019, you have not received payment by May 2020, and your attorney will not return your calls. While there may be legitimate reasons why it is taking so long to distribute the settlement proceeds, there are also red flags that something may be amiss. You might consider contacting the State Bar Association that licenses attorneys, informing them of the situation, and asking them to help. They should be able to get some answers.

    See question 
  • Medical negligence?

    C.’s Answer

    Once an attorney is involved on behalf of an insured doctor, the attorney for the plaintiff communicates with the doctor's attorney. On rare occasions, the defense attorney and the adjuster may agree to allow the plaintiff's attorney to communicate directly with the adjuster, but that would be unusual.

    See question 
  • Attorney percentage in personal injury case?

    C.’s Answer

    The answer should be in the written agreement fee agreement. You should review the agreement, and then discuss the matter with your attorney. It is fairly typical for the contingent fee to be based on the "gross" amount of the settlement. (That is, the amount before payment of liens and costs.)

    See question 
  • What information are the insurance adjusters allowed to get for an accident?

    C.’s Answer

    You need to consult with a personal injury attorney licensed to practice law in your state ASAP. The insurance adjuster is more than willing to ask for all kinds of information - and willing to use it against you if possible. You should consult with an attorney to work through this in a way that is most beneficial to you, and which will avoid you producing information that is unnecessary.

    See question 
  • How does subrogation apply to a person who was A passenger injured in a car accident in Missouri but resides in Florida?

    C.’s Answer

    There are a lot of variables that will impact the answer to your question. These include (1) the language of the insurance contract, and (2) the state law that controls in your case. For starters, you need to consult with an attorney licensed to practice in the state where the insurance contract was entered into / the automobile "garaged." He or she should be able to instruct you further about how you should proceed.

    See question 
  • Should I hire attorney near the end of statute of limitations ?

    C.’s Answer

    I highly recommend that you consult with an experienced personal injury attorney who is licensed to practice in your state, and that you do so immediately. The closer you get to the statute running before retaining an attorney, the less your changes of an optimal recovery. If the statute runs, you have forfeited any claim for damages. Further, the closer you get to the statute running, the more reluctant attorneys will be to take your case, as it deprives them of the opportunity to fully investigate.

    See question 
  • Trip and fall injury at a Big Box store. Store refuses to pay for my injuries.

    C.’s Answer

    The response you have received is typical of responses from big box stores. You need to contact a personal injury attorney immediately.

    See question 
  • Are lawyers required by law to check for possible medical liens before a settlement payment?

    C.’s Answer

    The answer may vary from jurisdiction to jurisdiction, so you should check with an attorney who is licensed to practice law in your state.

    As a general rule, an attorney is obligated to (1) determine if there are liens associated with medicare and certain other governmental programs and satisfy and/or work a resolution of those liens out of the settlement proceeds; and (2) satisfy out of the settlement proceeds and/or work a resolution of liens of which he or she is given notice by the lienholder. However, attorneys are not generally obligated to seek out all possible medical liens and make sure they are satisfied. Many attorneys do help work out a resolution of liens for medical treatment that are related to the lawsuit.

    Typically a Statement Of Distribution or similar document signed by both you and your attorney when settlement proceeds are distributed will identify the liens satisfied, and inform you of your responsibility for any other liens.

    See question