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TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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I had a prooduct liability lawsuit that i have already recieved

Customer Question

I had a prooduct liability lawsuit that i have already recieved half of my settlement in Dec2012 and am now awaiting for the remaining funds to be sent. A lien resolution group is suppose to be handling the distribution of the remaining funds so my question is,Is there a limit on how long they can hold my money?
Submitted: 4 years ago.
Category: Business Law
Expert:  TexLaw replied 4 years ago.

Thanks for your question.

This can often be a very frustrating time. As I understand where you are in the settlement, the Defendant has paid the settlement but now it is in the hands of the lien resolution group who is making sure that everyone which has a lien on the settlement funds is paid out prior to your distribution.

What kind of trades/professionals have a lien on the funds?

Did your attorney hire the lien resolution group?

Did you sign any documents authorizing that group to work, or was this all handled by your attorney?

What has your attorney told you when you've contacted him/her?
Customer: replied 4 years ago.

The only professionals that may have a lien on my funds are the State of TN Tenncare government insurance.They provided coverage for the services that were rendered.I did not have private insurance. Im not sure if my attornies hired them or company being sued. I signed a release letter and was under the impression that if i didnt agree to the lien resolution that they could hold back a larger percentage than the initial 30% if I agreed.I was told by my attorney that the company (Bayer) could hold the funds for 120 days after the first distributionwhich was in Dec 2012 and it is now June 2013. I made several attempts, ie: Phone calls and numerous messages, to at least get a status as to the release of the remaining funds but my attorney (whenever she answers) is very nonchalant and irritable and replies to my inquiries with, "When I hear something,I will let you know".I was speaking with the case manager from the lien resolution group that has,up until three weeks ago,communicated with me very well and was giving me good feedback on the status.But lately I havent been getting in contact with anyone. They(lien resolution group) are never in the office and never returns my calls. Attorney never has an answer. What is going on and why is everyone avoiding me.That is so unprofessional.Can you please help me understand?

Expert:  TexLaw replied 4 years ago.
Do you have any future medical care which is going to be needed relation to your injury?
Customer: replied 4 years ago.

Yes I been placed on Blood thinner (lovenox) permanently. 2 injections per day which means I have to visit doctors office frequently.

Expert:  TexLaw replied 4 years ago.
Thanks for your response. That does clear up some things. The law requires that where there is future medical care which must be provided and will be paid for by Medicaid or another similar government program, a lien is placed on the settlement funds and will have an amount from a settlement set aside in a trust account to pay for that future treatment.

What is taking long in your case is an analysis of how much exactly to set aside in the trust account for your future medical treatment, htat is what the lien company is doing. Unforutnately, this can take 120 days up to even 180 days before they finalize their analysis and make a distribution. The main hold up is often the fact that the government, in this case Tenncare, has to approve the lien amount. Given the amount of time that has passed, this is likely what is holding up the distribution.