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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 115478
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I had two cases handled by the same lawyer which was

Customer Question

I had two cases handled by the same lawyer which was accident cases. The second accident was went to court and was closed. The insurance settled for 20k it was 4 of us who was in the accident and I was the only one who had a lawyer so the 3 individuals received 10K in which they had to split and they were all paid. I received 10K and my lawyer took out over $4000 for there fees gave me $196 and they put over 6k in a trust for me. It has been almost 2 years and I have been waiting. I did ask for my fund because that case was closed and everyone was paid except me and he told me that since I have another case that is open; which is the first accident with another party and another insurance company it will have an affect on my settlement from my insurance for my "Uninsured motorist" because of my unpaid doctors bill of the first accident. So what I want to know is why is he able to hold onto money from a case that was closed, he did at one point told me to come get my money and then when I went into his office he told me that he can not legally release my funds because it will affect another case and I don't believe him but If everyone got paid including him and it was closed I should have also because each case is different. Please advise me what I need to say to him? ***@******.***
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is another case, but there are bills that are pending then the attorney cannot legally release the funds until all bills on both cases are settled up. If he releases the funds when there are potential medical liens or other bills due, the attorney can be liable for doing so and can be even sanctioned by the bar for doing so. You need to find out what is going on with the first case as well, because that first case can indeed be impacted with this settlement money he is holding.
If there are no bills due at all, then he has no cause to hold the money and if that is the case and he will not release the money, then you need to contact the FL bar office of disciplinary counsel for them to investigate why he is still holding the money if you have no bills due and the case is completed.

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