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Can an attorney hold my settlement check from me after my case is settled in mediation?

A: This sounds like a loaded question and that the lawyer is acting unfairly when lawyers are required to ensure that some liens on your lawsuit are satisfied before turning the funds over to you. If an injured party's health care was paid for by Medicare or Medicaid, attorneys are required to ensure that the liens those entities hold on the settlement proceeds are paid before disbursing the remaining funds to you.

Attorneys at Zimmet & Quarles will negotiate with lien holders to reduce the amount of their lien so that more can be disbursed to you. In addition, we will often negotiate with other lien holders in addition to Medicare and Medicaid such as private health insurance companies to reduce their liens so that more can be disbursed to you.

Until an attorney ensures the required liens are satisfied, the money is kept in the attorney's trust fund and accounted for separately from other clients' funds.

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