Lawyer will not allow cash advance against pending settlement

[TOOTUFF56]

What is the name of your state?What is the name of your state?California,I have a pending W.C. case. I am in desperate need of cash advance,have 3rd party willing to finance,my attorney says no such thing why dont I just settle! Im 4mo. behind in rent and have $400.00 PGE Bill,Since my work injury Ive also suffered a ruptured brain aneurysm,the stress is making me sick and even more depressed.My first Dr. is being accused of ins fraud,he also perscribed med that could have caused Vascular Viospasam and killed me according to Pain Management Specialest,next Dr. I call Dr. LONGNEEDLES gave me approx 4 hip injections the last one has caused extreme pain down my l. hip to my feet and across my back to my other leg,now he has informed me he is no longer treating(maybe he is going to be a golf cart caddy or somthing simple?}So now I have no treating Dr. and my benifiets have stopped,again. I dont understand why my lawyer wont help with this 3rd party advance! They say take $1200.00 and medical or $1700.00 with no medical,ABSURED!!!! Thanks for any advice in advance and GOD BLESS!!!! Please excuse any errors as its hard for my mind to function at times.

[garrula lingua]

I'm sorry you are in this situation.
If you post in the 'insurance' section, you will probably get replies from attys that practice Worker's Comp/Ins.

Ask if you qualify for SSI?SSDI as an addendum to the WC, so you are not dependent solely on WC for income.

Good luck. I hope the New Year brings better happenings.

[Law Gangster]

Originally Posted by TOOTUFF56

What is the name of your state?What is the name of your state?California,I have a pending W.C. case. I am in desperate need of cash advance,have 3rd party willing to finance,my attorney says no such thing why dont I just settle! Im 4mo. behind in rent and have $400.00 PGE Bill,Since my work injury Ive also suffered a ruptured brain aneurysm,the stress is making me sick and even more depressed.My first Dr. is being accused of ins fraud,he also perscribed med that could have caused Vascular Viospasam and killed me according to Pain Management Specialest,next Dr. I call Dr. LONGNEEDLES gave me approx 4 hip injections the last one has caused extreme pain down my l. hip to my feet and across my back to my other leg,now he has informed me he is no longer treating(maybe he is going to be a golf cart caddy or somthing simple?}So now I have no treating Dr. and my benifiets have stopped,again. I dont understand why my lawyer wont help with this 3rd party advance! They say take $1200.00 and medical or $1700.00 with no medical,ABSURED!!!! Thanks for any advice in advance and GOD BLESS!!!! Please excuse any errors as its hard for my mind to function at times.

The lawyer CAN'T give you an advance; i.e., a loan. It's against the Rules of Professional Conduct. You wouldn't want the attorney to get "slapped" by the State Bar, would you?

IAAL

[weenor]

I can assure that any advance from a third party would require a letter of protection to secure repayment from your settlement amount. Attorneys cannot draft and sign such letters ethically because the attorney would become responsible for your debt. In addition, some states to not allow workers' compensation proceeds to be used to secure a debt.

If your attorney is telling you to settle then you probably should. Workers' compensation is not the lottery- there is no pain and suffering or payment for inconvenience. It is a system set up to reimburse you for that portion of physical (and sometimes vocational) disability incurred as a result of your injury. I understand that you feel your pain is worth more, but that is not the law.

You need to work on applying for social security if you cannot work.

[Zephyr]

Originally Posted by weenor

I can assure that any advance from a third party would require a letter of protection to secure repayment from your settlement amount. Attorneys cannot draft and sign such letters ethically because the attorney would become responsible for your debt. In addition, some states to not allow workers' compensation proceeds to be used to secure a debt.

If your attorney is telling you to settle then you probably should. Workers' compensation is not the lottery- there is no pain and suffering or payment for inconvenience. It is a system set up to reimburse you for that portion of physical (and sometimes vocational) disability incurred as a result of your injury. I understand that you feel your pain is worth more, but that is not the law.

You need to work on applying for social security if you cannot work.

and usually when one takes a loan against a pending settlement, they do so at an astronomical interest/finance rate, which is probably why your attorney said "why don't you just settle then" because the end result is getting less money