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If the lawyers recieved their portion of the money, why are they with holding the rest of my settlement money?

New York, NY |

Its been three years since the accident my fiance was in. My fiance recieved half of his settlement money in 2012 after the lawyers recieved their money. We gave them numerous paper work involving the accident now the lawyers are saying they need proof of residence for 2009. We gave them a notarized letter stating his residence for 2009 from our landlord, the lawyers said that's not acceptable. We been calling but no one are answering his calls or the laywers tell us the person he need to speak with is not present (all the time). Please Help!!! What do we do??

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Attorney answers 6

Posted

There must be more to this..... are there liens? There is something more going on.

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) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Asker

Posted

Thank you so much for your response Mr. Rothstein. No there are no liens that we are aware of. He doesnt owe anyone any money. Unless it might have been a cell phone company but either way wouldnt they at least say something or just deduct what's theirs and send the rest? When he got the first check, he had to go to the laywer's office and even then no one called to tell him the check arrived until he called.

Posted

You should ask if there is someone else who can assist you or provide you with further information. Also, what exactly are they asking for as acceptable. If you have lived there you can undoubtedly show 12 months worth of bills being sent to that address in your name?

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

Thanks for your feedback Mr.Shemtoub. We asked can someone help us and they said that a specfic person he should remain in contact with. The person they told my fiance should talk to is usually not present or they just don't answer the phone. He has no bills in his name because he was instructed not to work until the settlement is completed so to be safe we did not put anything in his name. He informed the lawyers that when he was hit by the car his primary residence was in the bronx but was in the process of relocating to another borough and suppose to go away at school but they still insist that we have residence proof. This very fustrating!!! We never had to use lawyers before but when we did we've been professional and coordial to them! We would at least expect that back. I truly feel like these laywers are avoiding us.

Posted

Hello,

I agree with my fellow attorneys, this is not common. There is an issue that need to be addressed. Your lawyer is required to communicate with you. Call and demand an appointment or send a certified letter requesting an meeting.

Asker

Posted

Thanks for the help Mr.Seifeldein! I agree it's not common. I am a surgical technician and never been to law school but I have a bad feeling that these attorneys are just trying to give us a hard time. I don't want them dodging our calls but I will try requesting the mandatory meeting via the certified letter, thanks. Hopefully they won't find a way to dodge that too.

Posted

This sounds like an odd set of circumstances with many possible explanations.

Based upon the requests for proof of residence, my gut feeling is they your husband's attorneys are now pursuing a claim for supplementary underinsured motorist benefits, or SUM. In this type of claim, you have already exhausted the insurance policy of the person who caused the accident and you are now asking your own insurance company, or the insurance company of a family member who you live with, to provide additional coverage. This coverage is only available when your injuries are so significant that the first policy is not full compensation.

When your husband received the first "half" of his settlement, that was the settlement with the person who caused the accident. Now the second potion of the case is against the household insurance company directly. Before you can qualify for this type of coverage you must prove that you were a resident relative at the time of the accident. Meaning your husband actually was a resident in the house with the person who is insured under the policy.

This is only one possible explanation, and I am making many assumptions to arrive at it, but it is the most plausible one I can think of based upon your explanation.

You should contact the lawyer and ask for a meeting to discuss the matter in detail. Your husband deserves an explanation if he is not aware of his case status.

Good luck!

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

Asker

Posted

Thanks so much for your advice Mr. Ferrante. We have no insurance for these attorneys to contact for more money and from my understanding they already informed him that the case is settled(they even showed the settlement amount to be received). So I highly doubt the lawyers are trying to help with more money.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

Is there a Medicaid lien or perhaps NYC Dept of Social Services lien? This would be the case if Medicaid paid any medical bills (doubtful in car accident case) or if your fiancé received support from the city (ie. food stamps, etc). How about a family member who your fiancé lived with at the time of the accident. It would not have to be his insurance policy, it could be his mother/father/brother/sister/aunt's.

Asker

Posted

Well Mr.Ferrante, he recieved medicaid and foodstamps after the case was consider settled and not during his active case. Wouldn't the attorneys at least still be able to inform him that the other portion of his check was withheld due to unpaid gov't balances even though the case was settled when he applied and recieved gov't aid?

Asker

Posted

Oh and by the way Its only My fiance, Daughter and I at this residence. Our daughters medical bills are controlled and we are not legally married yet for him to be held accountable for my debt I'm handling.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

It seems as though you have had a big communication problem with your current attorneys. If you feel unhappy you always have the ability to contact a different attorney. Final question: at the time of your accident, who did your husband live with? Even if part time?

Asker

Posted

Part time, his elderly grandmother and myself.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

If his elderly grandmother or you had a vehicle with insurance at the time of the accident, there may be additional coverage worth pursuing. This is the only thing I can think of that would cause such a delay. You have received excellent advice here from all of the attorneys who have responded. I wish you the best of luck.

Asker

Posted

I agree if we had a vehicle with insurance, it would be worth the time and maybe lack of communication however we do not have a vehicle. So this big communcication gap is unethical. My fiance and I are entirely grateful for the advice we recieved here from all these helpful attorneys. Thanks a bunch for the needed luck. :)

Posted

Something is fishy in Denmark. Call the disciplinary board, and they will get you answers with lightning speed.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Asker

Posted

I will get that info, thanks for your time Mr.Lassen.

Posted

In my work as a legal malpractice lawyer I have seen that sometimes a certified letter to the lawyer demanding an explanation or else you will complain to the state bar sometimes produces results. The results may not be what you want but a letter like that certainly get's a lawyer's attention and communicates that dodging the client will no longer work.

Asker

Posted

I agree Mr.Reed that a certified letter might just get these attorneys moving because apparently being humble and awaiting their call is getting us no where.

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