Q: Frustrating setting and not getting any real info from attorney about a settlement
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split the payment. The pandemic hit and everything stopped. The last correspondence from the attorney was
"Unfortunately dont have much to report other than we complied with the Surrogate's requests in January.
Hopefully we should be hearing any day."
Should this be taking so long? Is there anything I can do or get info direct from the court?
The is in nyc
A: It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
Jonathan R. Ratchik agrees with this answer
A:
Yes it is taking too long.
1. Ask the attorney, in writing, for a full complete status report of everything that has occurred since the time of submission.
2. Look at the court records to see what has occurred.
3. If you do not get adequate answers, immediately seek out another attorney to assist you.
A: A starting point could be to ask your attorney for developments since their January letter. Without seeing the case paperwork, including the Surrogate's Court's requests and your attorney's response, it could be difficult to speculate what the cause of delay is. Good luck
Jonathan R. Ratchik agrees with this answer
A:
Something doesn't sound right. An insurance company could not have issued a check unless you signed a release; and you would not have been permitted to sign a release without first getting approval from the Surrogate's Court. Schedule an appointment with your lawyer and ask him about the status of the Surrogate's Court proceeding. If it's a wrongful death action, he would have needed to submit a compromise order and a decree, https://ww2.nycourts.gov/forms/surrogates/wrongfuldeath.shtml
Only after these documents were approved by the Surrogate's Court would you have been permitted to sign a release, after which the insurance company would issue a check.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
