QUESTION

Can I sue my PIP attorney for failing to pay medical providers included in my settlement?

Asked on Oct 22nd, 2012 on Personal Injury - Colorado
More details to this question:
My PIP attorney failed to pay any of the medical providers listed in my settlement. The only reason I found out was when I had my credit pulled and saw I was in collections for one of them! I immediately contacted each provider listed on my settlement to learn NONE of them ever received payment. Luckily only one made it on to my credit report. I contacted the attorney's office to ask what happened and was told the checks were all mailed, but they never cleared (which is an obvious lie). I then had them send the payments to me directly so I could pay the providers since they failed to do so. Unfortunately, the one in collections is not willing to budge at all. The hospital did confirm they had a Letter of Representation on file, however since payment was not made for over a year it was sent to collections. I advised my PIP attorney's office that I would not pay the collection agency, only the hospital directly since I am very aware that this would only show a "paid collection" on my credit report not remove it. The attorney's office decided to pay the collection agency directly after I asked them not to and they have now been going back and forth with them since the beginning of July 2012. Here we are about to go into November and my last correspondence with the attorney was on 10/8 via telephone. He stated that the collection agency was supposed to send him a letter and he would forward a copy to me. I emailed him 10/9 (no response) and again today for a status. Do I have any recourse with this attorney's office for failing to pay my providers when the settlement was distributed and affecting my credit?
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11 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No.
Answered on May 21st, 2013 at 2:08 AM

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Ronald A. Steinberg
It depends. You will have to check to make sure that you notified the lawyer that the bill was unpaid. In order for the insurance company to be required to pay it, the service has to be necessary, and the charge has to be reasonable.
Answered on Oct 30th, 2012 at 10:14 PM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Demand proof in the form of copies of the checks. Your next step is to go to the State Bar as this is a professional negligence matter.
Answered on Oct 24th, 2012 at 7:25 PM

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Steven D. Dunnings
Yes and file a grievance with the State Bar Association.
Answered on Oct 24th, 2012 at 3:50 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Possibly. However, you cannot be paid twice. By that I mean, if the attorney sent the money to you that should have been sent to the doctors, then you got everything from the settlement that you should have gotten. You might have some recourse because the attorney's failure to pay the bills resulted in your credit to be adversely affected.
Answered on Oct 24th, 2012 at 8:25 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Don't know where you are but I think every jurisdiction has a fee dispute or grievance committee which can hear your case. contact the local bar office or the NC State Bar in Raleigh.
Answered on Oct 24th, 2012 at 7:49 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can contact the Grievance Committee in your area. In NY (and perhaps other states as well) there is a "Lawyer's Fund for Client Protection" to which you can file for a claim.
Answered on Oct 24th, 2012 at 7:42 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You selected "Nebraska" as the State when you asked your Question. However, you mention "PIP" (Personal Injury Protection) and a settlement. Nebraska is a "fault" state and the vast majority of settlements would not involve a PIP settlement. As I do not believe Nebraska is involved in your Question and do not know what State is involved I cannot answer your Question as that could constitute the unauthorized practice of law. Attorneys can only offer legal advice in States they are licensed to practice in. If there is a Nebraska connection in your Question then you should re-ask it but make sure to include information about Nebraska is involved. Otherwise, you should re-ask your Question and select whatever State your settlement occurred in. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Oct 24th, 2012 at 6:55 AM

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Thomas Edward Gates
You can tell him that you are going to file a complaint with the State Bar Association. He should be held to pay all costs!
Answered on Oct 24th, 2012 at 6:43 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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Sounds like a possible case of attorney misconduct.
Answered on Oct 24th, 2012 at 12:15 AM

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Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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You should consider a legal malpractice claim against your PIP lawyer. Given the facts that you provide, the PIP attorney has failed in providing you adequate representation and failed to act in your best interest. I recommend that you ask for a complete copy of your legal file from the PIP lawyer, a request which the lawyer must honor as a matter of law, and then have it reviewed by an attorney who handles legal malpractice matters. Most malpractice attorneys will provide a free initial consultation. Good luck.
Answered on Oct 24th, 2012 at 12:03 AM

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