Yucca Valley, CA asked in Car Accidents and Personal Injury for California

Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back in February, shouldn't this case be near to done already? Am I being jipped?

3 Lawyer Answers
Robert Steven Walch
Robert Steven Walch
PREMIUM
Answered
  • Personal Injury Lawyer
  • Calabasas, CA
  • Licensed in California

A: Every case is different, so there is no set amount of time that every case takes from the time of settlement to disbursement of funds. If you have Medi-Cal, the attorney needs to find out how much Medi-Cal paid to your medical providers and needs to get a final letter from Medi-Cal saying what Medi-Cal needs to be paid back from the settlement. During Covid, sometimes this process can take longer than we all would like. I suggest asking your attorney if the settlement funds have already been received, if Medi-Cal has already been agreed and what else needs to be done before you can receive your net share of the settlement.

Tim Akpinar and Theodore Allan Greene agree with this answer

Steven M. Sweat
Steven M. Sweat
PREMIUM
Answered
  • Personal Injury Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Once the case settles, the normal procedure is for the law firm to obtain your signature on a release agreement, send this to the insurance company, and obtain and deposit the full settlement amount in an Attorney-Client Trust Account. The attorney would then normally negotiate reductions on the medical liens prior to being able to disburse funds to you. This process can take as little as a week or two but, can be much longer if any of your medical bills went through Medicare or MediCAL because those agencies are very slow in processing reduction requests. The Covid situation is also slowing things down at the moment. Talk to your lawyer about these issues.

Tim Akpinar agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: if you have questions that aren't being answered the best thing is to call and make an appointment for an in person visit or by phone or video. Have your questions ready. If the case was settled, you should have a release which would tell you how much money there is. Deduct the attorneys per cent and the amount of the medical bills and you start to have an idea.

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