When should I get the check if Insurance company mailed a settlement check 12 days ago to my attorney? 3 Answers as of January 08, 2016

I asked him if his office received it. He said he is not in his office. I call his office. They won't tell me yes or no. They said that I need to talk to him. What should I do? What is the deal? I signed the release 2 months ago. Insurance company received it December 1. This case should have been closed a month ago.

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Law Offices of George H. Shers | George H. Shers
Immediately e-mail him [gives you proof of demand and date sent, plus he will get the e-mail whether he is in his Office or not]. Tell him if he does not have a check for the settlement [have you discussed yet what dollar amount you will get, how much for the medical treatment they normally settle for less than the full bill in order to get cash now; maybe he has not yet gotten around to contacting them, which is what he should have done right after the settlement was agreed top roof of claimed costs, is his fee based upon the entire settlement or the net recovery which means less in dollars for the attorney; Southern California attorney supposedly do it the first way and Northern the second]. Ask first about the division and try to get him to confirm in writing so he does not try to increase the dollar amount of his fees. After you get the e-mail [he can tell his secretary the amounts shown in the file and what the settlement breakdown is] or a few hours later, which ever comes first, e-mail again with your demand if you are certain about when he got the settlement check [which should be in both your names]; is he will not send the check or otherwise get it to you in a few days, ask him in detail why he is being late and if you do not get it within time he has to pay you a penalty by reducing his fee [some percentage each day]. If that does not work, tell him you have no choice but to go to the California State [not County] Bar association and to get information from the county bar as to suing him as to his fees, plus your costs.
Answer Applies to: California
Replied: 1/8/2016
Pius Joseph A Professional Law Corp. | Pius Joseph
Generally the check takes time from issuance to mailing within insurance company.12 days is not unreasonably long. Your attorney will need to deposit the money in a Trust account and then pay everyone, including all lien holders(Doctors). Also insurance companies mail you a letter when funds are mailed to your lawyer. Call your lawyer and have a conversation.
Answer Applies to: California
Replied: 1/8/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
In many cases, the attorney can deposit the insurance company check in his trust account and make disbursements to the client, and himself, and the medical care providers immediately. But in other cases, the attorney is still negotiating with the providers to reduce their bills, and in the case of hospitals it can take weeks to get a reply. I would demand an answer from the lawyer.
Answer Applies to: California
Replied: 1/8/2016
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