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Can my attorney hold on to the general release papers until I tell him how I want my money structured

Brooklyn, NY |

I thought I signed a general release 3 months ago but was told by my attorney that was just accepting the settlement. How long does it take for my attorney to receive the general release documents and is my attorney allowed to hold on to those documents until i accept his structure settlement proposal, also the defendant told my attorney that they are not releasing the money until they find out how it is going to be dispersed. Can all these individuals do so and how long will this take after winning a medical malpractice case

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Attorney answers 2


Lawyers don't like cases to drag on any more than clients do. You should really be talking to your lawyer about this because every case is different. In some cases, you get a check in two weeks from signing the releases. Or, it can take a really long time to complete a settlement when there are liens or structures or if a court approval is required. To give you an idea: I settled a death case in Brooklyn last December and the order hasn't been signed yet, so nobody has been paid. I settled an infant brain injury case last week which will involve liens and structures. I expect that the approval process for that case will drag on into the Fall.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


Your lawyer wants to get paid as much as you do so I doubt he is draggin his feet. Structured settlements are complicated and involved outside vendors. Call your lawyer to discuss.

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) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.

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