Bronx, NY asked in Personal Injury and Legal Malpractice for New York

Q: Do my lawyer have the right to give me my documents on my case with index # etc?? Do They the right to hold my money

How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few hundreds with interest when she already have my money. What do I do?

3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It's difficult to comment on the award and fees without knowing what your arrangements were. As a general matter, if there were claims from public agencies such as Medicaid/Medicare that demanded reimbursement on payments they made on your medical treatment related to an accident, that could result in a lien on your award. Also, if it wasn't a no-fault case, but instead one covered by your private insurance, those companies sometimes assign subrogation attorneys to pursue recovery on payments they made. But these are only some general possibilities. Good luck

Tim Akpinar

Jonathan R. Ratchik agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It's difficult to comment on settlement without knowing what the arrangements were. As a general matter, if an accident case involved treatment through public sources (Medicare/Medicaid), those respective agencies could assert medical liens on the proceeds of the award. If the case did not involve no-fault, but instead private insurance, those companies sometimes assignment the account to their subrogation department and demand reimbursement of monies paid in connection with accident-related treatment. Good luck

Tim Akpinar

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: You certainly have the right to inspect the file your attorney maintains on your case. With regard to holding onto the settlement proceeds, as my colleague correctly advised, there might be liens (with either Medicaid / Medicare or a private insurance company) that need to be resolved before your attorney can release your portion of the settlement. Resolving such liens can take weeks, sometimes months. Regardless, you are responsible for paying such liens - they get deducted from your share of the settlement, not from your attorney's share. As for lending you money, here's an article I found online which you might find useful, https://blogs.findlaw.com/law_and_life/2015/09/can-my-lawyer-lend-me-money.html

Tim Akpinar agrees with this answer

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