Precisely why you should have retained an attorney. Suing them for breach; without an attorney? Not easy. If our amount is up to small claims limit, try there. The carrier has boxed you in. Send a certified letter. Call someone local, although probably too late you never know...
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Maybe you can vitiate the agreement, based on their failure to pay as required, get an attorney and recover fair value for your claim.
You are just going to have to get a lawyer. There is nothing else you can do to make them respond. You might have some trouble finding someone who is willing to get involved at this point, but keep looking, you will find someone.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
Personal injury claims are not "D-I-Y" tasks ("do it yourself"). If you had hired a good lawyer at the in the beginning, the funding would likely have occurred a month ago (or more). Further, the gross settlement amount would likely have been significantly higher.
Now, you can sue for breach of contract if you have an enforceable contract (it sounds like you do, but more facts are needed). In order to recover for attorney fees under a breach of contract claim, you need an attorney. An attorney can send a Chapter 38 demand letter alleging breach of contract. If any eligible emergency service provider perfects a lien before your settlement is funded, you will have a lien to resolve also.
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My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
This is why you need one of the above distinguished attorneys in your state. Don't play lawyer, retain one. Good luck.
If your car accident was in Harris County, as it sounds like you are aware, there is an online database that would show whether a hospital lien has been filed under your name for treatment related to your car accident: http://www.cclerk.hctx.net/applications/websearch/MPR.aspx
If you haven't already, run a search under your name showing there is no lien filed, then print it out and fax or email it to the adjuster handling your claim. Get a supervisor on the line if the adjuster gives you the same old response and ask the supervisor what the hold-up is. You might consider telling them that if they don't issue payment promptly (they've had four weeks), you will go see an attorney to discuss whether the settlement is still valid since they haven't paid within a reasonable time frame.
If your accident is NOT in Harris County, it is possible that their delay may be more reasonable. I've had to check for a hospital lien in one of the surrounding counties (it may have been Montgomery, I can't recall) and it was a several weeks long process that could only be handled by U.S. Mail.
Either way, best of luck. Hope this little bit of advice is of some help.
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