QUESTION
Is my attorney trying to con me here with the car accident settlement?
Asked on Sep 15th, 2013 on Personal Injury - South Carolina
More details to this question:
I don’t understand this guy at all .I was in a car accident about 3 years ago where I suffered a herniated disc in my lower back, and my mom and I have been trying to get a settlement with the insurance company. Her case is over and she has already been paid but mine is still going because we decided to file a lawsuit against the car insurance company "State Farm" because of their obnoxious settlement offers. Our lawyer said he'll refer us to another lawyer "free of charge" that specializes in lawsuits. We didn’t finish the lawsuit though. We went as far as the deposition. Long story short they offered $15k to me. Now here are the annoying parts. They then put out a subrogation lien for $5k then my lawyer got it down to $2.5k. We were supposed to settle over the summer but my lawyer urged me to wait until I was 18 on the end of May so I can get the money straight away instead of having the trouble of it being put in a trust fund. Now 3 weeks ago, my lawyer finally received the Settlement check, and has been acting a little shady ever since. I calculated already after the Lien and Attorney fees [He’s getting 40%] , I would be getting $6500. Then like 2 weeks ago, my lawyer said that I still owed one doctor and we couldn’t sign the closing statement without his bill, so I called the lawyer that referred me to him, my last lawyer for the billing documents, which he had. That really bothered me because I’m thinking the insurance company had already paid these people even before I had him as a lawyer. After I asked him how that happened [After many rejected calls by his secretary saying he was "busy"]. He gave me the run around and told me it’s not that much and that I would be receiving quote "a little less than six thousand". Notice this statement was made a little over a week ago. Now here’s the funny part. After getting the doctors billing information, without calling me on Friday he emailed me the closing statement.
5 ANSWERS
Ronald A. Steinberg
Make an appointment to see him in the office and ask him to explain everything. Bring your mom. If after the meeting you still have a problem, then file a grievance.
Answered on Sep 30th, 2013 at 2:19 AM
James Eugene Hasser
It doesn't sound like it. It just sounds like you are not getting an adequate explanation from him. Discuss your concerns with your lawyer and make sure you are good with everything. Good luck.
Answered on Sep 18th, 2013 at 4:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are a too typical client. You are second guessing and criticizing your lawyer and have no idea how such cases are handled. You just think you do, you don't even think. you just talk. In the first place you seem to have a difficult case with a difficult insurance co and I perceive that it has been slow and painful all the way for everybody. If you have a 40 percent agreement, that is not uncommon with difficult cases. It has to be paid not Criticized. You made the agreement. Now stop complaining about it and get on with the case settlement. Subrogation claims are common where your own insurance co pays some of your bills. they have to be repaid,. That is what the settlement is for in part, to pay the unpaid bills, liens or subrogation interests. The purpose of the case is not just to put money in your pocket and make you happy. Since you were a minor you didn't pay anything anyway. Either the carrier paid the bills or your parents. Everything to you is net anyway.quit bellyaching, cooperate with your lawyer and get on with your life.
Answered on Sep 17th, 2013 at 2:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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All of this sound fairly normal to me. If you were going to turn 18 in a few months, it does make sense to wait until you turn 18 because it would have to be held in a fund until then. Plus, you may have to go before judge to have the settlement approved (you would in S.C.). In most personal injury cases, there are health insurance or doctor liens, or both. It does sound as though the attorney missed a doctor lien when he gave you an estimate of what you would receive after his fee and the lien. As far as it taking some time to work up a closing statement after receiving the doctor bill, the attorney often contacts the doctor's office to attempt to negotiate a reduction in the bill. Also, is see nothing unusual with the attorney emailing a closing statement rather than calling you. This is an efficient mode of communication.
Answered on Sep 17th, 2013 at 2:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the Michigan Rules of Professional Conduct REQUIRE your lawyer to discuss your case with you as often as reasonably necessary and to explain the matter to you so you can reasonably understand what the status of your matter is. You are within your rights to get a statement as to exactly how much is being recovered, what the costs of recovery are that the lawyer claims, what the fee is (it can't be more than 33.3% of the net recovery in Michigan), what liens exist, etc. If your lawyer won't adequately explain and document the financial aspects of the settlement, you can see if you can find another lawyer to review your 1st lawyers file and give you a 2nd opinion and/or file a Grievance with the State Bar of Michigan based on your attorneys refusal to reasonably explain the matter to you such that you understand it. By the way, unless there is no liability, small insurance limits or some other proof/causation/damage problem, $15k in a 3rd party settlement for a "ruptured disc" would appear to possibly be much too low. Again you are within your rights to ask for, and receive, a full explanation of what is being done and why.
Answered on Sep 17th, 2013 at 2:13 PM