Can I re-open my case if the lawyer settled before finding out what the medical bills were?

It was a $100,000 policy with $27,000 in bills from medicare and $2,000 in medpay but he settled for $10,000 before knowing this? Can a lawyer legally cash a settlement check made out to him (and) his client without his client signing the check or knowing about it?

Asked on April 18, 2015 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If the case was settled, then no, you cannot re-open it. However, you may have a malpractice claim against your attorney for him settling without even knowing what the medical bills were.

2) If the check was made out to the attorney for you, then he could deposit it in his account and then remit the money to you. That is common: the check goes to the attorney, then the attorney passes it on to the client.

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