Kentucky Personal-Injury Settlement Procedure

[perry mason]

In 1999, I was involved in an automobile accident in Kentucky. I was not at fault. Upon finalization of my $14,000 personal injury settlement, my lawyer informed me that he would be witholding $2,000 of my settlement in a escrow account. My lawyer claims this witholding is due to medical bills which exceed my health insurance policies' medical limit of $10,000. I am covered by two different medical insurance providers, buy my lawyer informs me that the insurance cards previously faxed to him were received in poor quality, therefore he was unable to turn them over to the hospital where the medical bills are outstanding. Does my lawyer have the right to forcibly withold $2,000 of my personal-injury settlement for the above stated reasons? Should I consult another attorney concerning this matter?

Please Advise???

 

[I AM ALWAYS LIABLE]

In 1999, I was involved in an automobile accident in Kentucky. I was not at fault. Upon finalization of my $14,000 personal injury settlement, my lawyer informed me that he would be witholding $2,000 of my settlement in a escrow account. My lawyer claims this witholding is due to medical bills which exceed my health insurance policies' medical limit of $10,000. I am covered by two different medical insurance providers, buy my lawyer informs me that the insurance cards previously faxed to him were received in poor quality, therefore he was unable to turn them over to the hospital where the medical bills are outstanding. Does my lawyer have the right to forcibly withold $2,000 of my personal-injury settlement for the above stated reasons? Should I consult another attorney concerning this matter?

Please Advise???

My response:

If you and your attorney signed medical liens in favor of the health care providers, then yes he does. If you did sign such liens, then you and he are contractually obligated to protect the financial interests of those health care providers. On the other hand, if no such medical liens exist, then your attorney must turn over all funds to you, minus Attorney fees, costs, and other lien amounts. Ask your attorney if there are medical liens with those medical providers. If so, you have no choice.

IAAL