In 2016 I had a horrible car accident that crippled me. My lawyer lasted up till he & my driver's lawyer heard the car insurance was claiming fault on the 3rd party that hit us. This resulted in claim checks for both parties. I had a far more complex case that my driver. I had over $500,000 in first month injuries. So in order for my portion to be paid I needed to pay Medicaid back & place the money in a Special Needs Trust. But my lawyer literally quit right after he heard the portions were divided. None of the prearranged help was given to finish the Trust or pay back Social Services. My driver was paid her portion, but I am stuck waiting. The car insurance company wants to send me a check but has to wait for my Trust to be set up. NOW my original Law Firm has "put the insurance company on notice" that they "will file a lien" and that any payments must include their name on the check so I can not cash it without paying them. BUT no lien has been filed yet.
#1) is this legal?
#2) How long does his firm have to file a lien?
This situation happened in October of 2017 and no notice of a lien has been given to the Car Insurance or myself. When have they ran out of time to file?
The lien he refers to is a lien for a portion of the legal fees earned in connection with the case. It doesn't come out of your share of the recovery. It comea out of the attorneys fee you already agreed to which would be split between the 2 law firms who represented you.
I agree with my colleague. The lien is on the attorney's fees, not your portion of the settlement, will have no impact on your recovery.
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