What are the steps of a civil case?

What are the steps in filing a Motion for Equitable Distribution in a pre-suit case?

• I have a case where Allstate tendered their policy limits. My client was hit by a car while at work. Therefore, all her medicals has been paid by Work comp carrier. I am unable to settle the work comp lien. I want to file a Motion for Equitable Distribution.... what are the steps? Florida Statutes 440.39(3)(b) states that I have to serve the employer/carrier, or counsel. This is easy, however, this is a pre-suit case. Do I have to go to the courthouse and get a case number? do I prepare a Summons?? Please help. Thanks.

• Answer:

  To settle the work comp lien in Florida, the carrier has to abide by the Manfredo formula, based upon the Manfredo case. The settlement, less the attorney costs and fees will give the net recovery to the client. Then you and the WC adjuster/subro person determine a case value, which requires some give and take on both of your parts. The percentage of the net recovery to the case value will give you the percentage the WC carrier is entitled to recovery of the lien. You should also consider utilizing the clients personal injury coverage on their own auto policy, or if they don't own a car, a family member's or if they have no family member who owns a car with whom they reside, the owner of the vehicle they were in's policy, to defray the lien. You simply send a copy of the WC payout history to the carrier. A lot of times they will only reimburse to the claimant, in which case you just take care of the lien out of the BI settlement and replace it with the PIP check upon receipt. Hence putting more money into the pocket of your client. It makes equitable settlement a possibility when there were limited funds from the 3rd party carrier. If the accident was serious and the tort feasor settled with their policy limits prior to the WC case being closed, your client will be required to pay an offset for all future treatment, so it may be in your client's best interest to wait for disbursement until MMI under the WC claim. There is, of course a higher lien, but it is still reimbursable at only a percentage. All of this should be discussed with your client and an informed decision should be made. Most attorney's prefer to settle a lien rather than deal with the costs and addition time it takes to file for an Equitable Distribution.