Visitor Question

Collecting Unpaid Settlement Award…

Submitted By: Wesley (Fairfield, California, USA)

I won a slip and fall lawsuit and the fault was placed on three different parties. I received payment from one of the three parties and my lawyer took his fee out of that check, leaving the remaining settlement amount from the other 2 parties to all go to me.

Over 10 years have now past and I still have not heard anything about the remaining settlement amounts from the other at fault parties. How can I find out about the remaining unpaid settlement and pursue payment? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Wesley,

The first question which immediately comes to mind is, Why have you waited 10 years to contact your attorney from the case? Call your attorney and make an appointment to sit down to discuss the reasons for the delayed payout.

Another means to learn about the state of your settlement is to read either the Court Ordered Judgment, or the Settlement Agreement made among all parties. The information about the settlement, including the times and manner of payments should be located therein.

From the facts you present you may also be talking about a “Structured Settlement”. Structured Settlements are often employed when the recipient of the Settlement or Court Ordered Judgment is either a minor, or if not a minor, young enough so that the Court believes it will be in the recipient’s best interest to receive a lengthy, or structured settlement. The purpose is to thwart the recipient’s efforts to squander the money.

If you have the Court Ordered Judgment or Structured Settlement and don’t understand its contents, your attorney will be able to clearly explain its meaning and purpose to you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 22, 2012

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