
There are many elements which go into a settlement which we negotiate on a client's behalf, most of which the client doesn't see until we do a disbursement authorization and list all of those elements. Some of them cannot be determined (such as receiving Medi-Cal's written statement of its "Final" lien) until we have actually settled the case. The insurance company which is paying the settlement will often not release any money until we can show exactly what claims are being made --- since the insurance company and its insured can be held responsible for the payments to lienholders if the settling party doesn't pay what he is supposed to. We frequently have not come to final agreements about the payments to health care providers from a settlement until we know exactly what sum we are dealing with. So although we have reached a settlement, it is often 45 or 60 days before we can receive money, and then a few weeks until the funds have been received and we are ready to disburse. This time delay can mask a process that is very important to you, and can result in a large increase in the amount of money that will end up in your pocket.
Ask your attorney and his office staff to explain what information they are waiting for. Give them a break - believe what they tell you. They aren't getting their money, too, while you are waiting for yours.
You make a statement about your attorney getting paid more because of the delay. Are you paying your lawyer on an hourly basis? Based on my experience that is the only way he might get paid more - unless your retainer agreement says differently. If this is truly a concern of yours, you owe it to yourself to ask your attorney about it.
Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.California-Lawyer-Attorney.com
800-956-0123