Settlement offer

[shellynew]

What is the name of your state (only U.S. law)? CA.

I would like to know if it's at all the law for my attorney to hold a lien on a portion of my settlement for Medi-Cal? I am suppose to settle on $13,000 and out of that he is stating that he has to hold liens which leaves me with 4,500.
I have been in accidents before and was never told any such thing, so it's making me question my attorney's crediability...
I had to go through over 7 months of physical therapy for back and neck pain and I have a third degree burn on my forearm. The car I was driving was totaled. Two of my kids was also in the car and my son had complaints on his neck hurting, but my attorney did not try to seek any type of compensation of any kind for him.

[ecmst12]

If your son did not see a doctor or have treatment, then he had no verifiable injury and is owed no compensation.

Your attorney is required by law to make sure the state gets back what they paid for your medical bills before you get a dime.

[shellynew]

My son was seen by the doctor maybe a week after the accident and had months of pain to his neck, but the doctor said that he was probably sore from the accident and that he should get better over a period of two to three weeks.

Originally Posted by ecmst12

If your son did not see a doctor or have treatment, then he had no verifiable injury and is owed no compensation.

Your attorney is required by law to make sure the state gets back what they paid for your medical bills before you get a dime.

[ecmst12]

He is entitled to get back what it cost for that one doctor visit then. If it wasn't bad enough for him to seek further treatment, then it wasn't bad enough for him to deserve compensation for.

[abaga]

Originally Posted by shellynew

What is the name of your state (only U.S. law)? CA.

I would like to know if it's at all the law for my attorney to hold a lien on a portion of my settlement for Medi-Cal? I am suppose to settle on $13,000 and out of that he is stating that he has to hold liens which leaves me with 4,500.
I have been in accidents before and was never told any such thing, so it's making me question my attorney's crediability...
I had to go through over 7 months of physical therapy for back and neck pain and I have a third degree burn on my forearm. The car I was driving was totaled. Two of my kids was also in the car and my son had complaints on his neck hurting, but my attorney did not try to seek any type of compensation of any kind for him.

Just curious, but why do you think you deserve to get all of the money after the state has paid out for your bills? I actually pay for my health insurance and if I am in an accident, guess what? While my insurance will pay my bills, they deserve to get their money back. Why should you collect money that you never paid out? If your read the settlement, it states the money is for medical bills as well as pain and suffering.

Try talking to the attorney and see if he can negotiate the amount of money Medi Cal is asking for. I know when I was injured, that is exactly what my attorney did for me with my health insurance (I was paying premiums in excess of 400.00 per month for an individual policy), and they settled for a lower amount based on the amount of the total settlement I received.

I also have to wonder what is going on. You state you've been in accidents before.....do you sue after every accident??