Is there anything I can do?? My lawyer asked for a certain amount b4 totaling up all of my expenses such as medical / dr. visits, and now the monies left is barely anything certainly not worth my pain from auto accident w/ perm. injuries i am supposed to sign the papers tomorrow but she is sending them to me in the mail she is about 45 min. away from me does this seem right? ehat can I do this is so unfair.
2006-12-14 13:15:46 · 16 answers · asked by happyinlove 3 in Politics & Government ➔ Law & Ethics
I didnt know about all of the expenses until the settlement was received. this was a total diff. amount than what was told to me n the beginning. i just want to know is it to late to do anything i think i should have received more money i am not even receiving half of what was asked and it has been 2 months b4 she is finaly ending the process.
2006-12-14 13:22:39 · update #1
I'm sorry to say, but lawyers eat up most of the money, and you are responsible for any fees incurred.
However, the company/person who caused the accident should be paying the medical bills. Make sure the MD and lawyer aren't in cahoots.
OH! And the amount you end up with may be taxed! Ask her about that.
2006-12-14 13:57:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Why don't you call and make an appointment to meet with her in person or speak to her on the phone about your concerns. She should have some type of disbursement schedule that shows exactly where every dime will go and a detailed list of what each expense was for and who was paid. Usually expenses are paid first out of settlement money since they are actual bills or money that the attorney advanced to pay for your case such as copy charges, court filing fees, phone calls and/or other expenses like YOUR drs visits and medical bills, etc.
If you are still not satisfied with the settlement no one is going to force you to sign the agreement. It doesn't mean she did anything unethical it just means you wanted more than she negotiated. Not every lawsuit makes you a millionaire.
2006-12-14 21:56:08 · answer #2 · answered by GoGators29 2 · 0⤊ 0⤋
Your lawyer is only suppose to take a 1/3 sometimes a 1/4 of the total settlement. I know because I was in a wreck and it took 2 years to settle it. But laws may vary from state to state. This doesnt sound right. I would back out, find a different lawyer that does what I just said and forget her. Most of the time you dont have to pay a lawyer until they settle the case and all papers are signed. Take it to a another lawyer, and see if they think she is legally wrong I think she is.
2006-12-14 21:31:01 · answer #3 · answered by cozmetologydude 2 · 0⤊ 0⤋
You must have signed an agreement with the Lawyer, the usual fee is 40% plus expenses. If your lawyer agreed to a settlement with the Insurance company without knowing the amount of the expenses then i would not sign the papers, if there is not any money left then you have nothing to lose and every thing to gain. Demand a fair, documented, disbursement of the funds or file a suit against the lawyer for malpractice!!
2006-12-14 21:24:35 · answer #4 · answered by SICKO 2 4 · 0⤊ 0⤋
Well first off due not sign agreement period. If your lawyer made a error in math then she bears the total responsibility for her error not you. We in this forum can in no way give you real legal advice. That said. each state has rules set by the bar to cover the conduct of lawyers and fees. Generally speaking a lawyer can get around 1/3 of a claim in a accident case. But that 1/3 does not entitle them to office cost or any cost of the proceeding. Lawers also have a duty to the client to proform your lawyer has nto done that and can be lible for that error. She or he has blown your whole case.
The basic formula for any court action are damages suffered.
Those being actual damages and in your lawyers case actually damages were misrepersented by your counsel. This is called mal-practice. Also damages are also related to future damages which are you time to clean up this mess, your life long injuries
lost of future income and ect. All as related to the accident.
These factors alone are enoof to fire your lawyer as they have indicated they do not know what the hell they are doing. You also have to consider the time elements is there another lawyer that will take over your case. Is there time to continue your legal options. Has your lawyer filed a case at all in court, if so what is the current status of that case. If the case is still pending you can get another lawyer. Do not be foolish and settel with out getting a fair shake. You can alway request a trail by piers. This is better then a judge. Real people will give you a fair payout. Insurance compaines do not want to go to a trail with a jury.
If you have a storng case do not settel unless it is on your terms. Lawyers are bussiness people just like all bussiness people they are trying to make easy money. You problem is that
if your lawyers is not doing his job his easy money is being paid for by you. Fire the bumb.
2006-12-14 22:39:58 · answer #5 · answered by Thomas A 2 · 0⤊ 0⤋
Are you being asked to sign the final settlement agreement? If so, you are too late to negotiate the fee. Sounds like she took your case "on consignment," that is without any fee retainer down, and the usual for a no-retainer case is 50/50. Otherwise, if you did put the usual $5K to $10 retainer down, then before you sign the final settlement agreement, double check all the fine lines and add up exactly what you signed for in settlement. But it's a little late to try and change it all if she's already to settle the case to what amount you agreed to in the first place.
2006-12-14 22:38:44 · answer #6 · answered by alaskasourdoughman 3 · 1⤊ 0⤋
DONT sign. Tell her you do NOT agree to the terms. Also inform her in writing can be on a piece of paper that she does NOT have the authority to except an agreement on your behalf. If she does have the authority you will be screwed. It happens all the time. My wife was hit while a passenger in a car because the dude was changing a cd in the fast lane of the freeway in LA.
He didn't have enough insurance to cover it or the $$$$ We got stuck with no reimbursement for loss of pay, cobra insurance, pain, suffering, etc...
Be cautious. Her medical bills exceeded his policy by more than $25,000 and he didn't have a job. We pay for medication and treatment to this day and she is going to need another surgery on her back (she's had shoulder, back, neck) Be careful most attorneys get permission in the opening agreeement to take a settlement on your behalf. Without your approval.
However with the way that one is rushing over to you I bet she doesn't have one!
2006-12-14 21:20:46 · answer #7 · answered by Guinness Guy 3 · 2⤊ 0⤋
Did the lawyer abide by your fee agreement?
She got you reimbursed for medical expenses, which is not a small thing. She did her job. She deserves to get paid.
What could you have done differently? Many people set up a settlement agreement for 3 times the medical expenses: one third to the lawyer, one third to the medical expenses and one third to you.
2006-12-14 21:25:13 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Your lawyer should abide by what was agreed upon regarding the money involved in the case especially if there is a contract.
Negotiate with your lawyer on this rather than resorting to other actions.
2006-12-14 21:47:38 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
If you don't sign the papers then you don't agree with the settlement. I would find out when she will be in the office and tell her that you want an appointment to discuss this with her. PERIOD.
2006-12-14 22:25:19 · answer #10 · answered by fiestyredhead 6 · 0⤊ 0⤋