Question I ended up having permanent damage. Herniated disk. Degenerative, etc. Lost the car and had to take taxi to work. Got introuble a few times for being late because of taxis not showing up. Have reciepts for some. One Dr said he didnt recommend back surgery if i could live with the pain. I told him i would try not to since it sounded very risky. But i was left wondering what happens when i get older. Another, that my lawyer sent me to recommended introscoping something or other surgery. My lawyer had informed me the main thing was to get the recommendation for it, weather i chose to get the surgery, or not, or later down the road was up to me. I have spoken on the phone with him maybe 2 times in 9 months...and never in person. all other times he is away or in a meeting. Well i asked for the second time in 2 weeks via e mail what the status was. The at fault party is covered for up to 100,000. He said they would start asking for the max but that my amount would be significantly lower because i am not a candidate for surgery. I reminded him of what he had told me, and that what i needed was the recommendation for it and actually going under the knife was up to me. His response to this was.."I understand...However, in the insurance carrier's eyes......you are only a candidate for surgery if you are actually going under the knife"
So my question after all this becomes, Is this TRUE? and why did the story suddenly change from what he had explained to me before about the doctor recommending surgery?
Couple things, i did address and ask him this and am waiting for a response. The damage to my back is permanent, that will never go away, even with surgery according to the doctor. I work as a valet and have had to call off several times because my back hurt to much to be able to run/park cars/even sit!. I need assistance with unloading and loading luggage from vehicles or i will regret it after. There is not one day that goes by where i dont feel pain. I cant play golf, basketball (which i love!) ...u get the picture. He said to me about that, thanks for the info, that will add to the HUMAN TOUCH of the claim. But never has he asked me for proof of sick days i took etc. The only thing he has is the medical papers, mri..x ray..and doctors notes. HelP!
AnswerAttorney Communications Problems; Permanent Damage
Dear Andres,
Dr. Settlement does not like attorneys who ignore their clients, especially when they are planning to make a lot of money off the case. I spent a lot of time after hours returning calls to my clients, even though I was very busy with trial work. So for starters, I am not too happy with your attorney’s lack of attention to you and your case.
Does that mean you should change attorneys, NO—for starters I would never make such a recommendation unless the conduct were really out of bounds. But I AM going to suggest that you keep in mind some of the lawyer “tricks of the trade” when it comes to getting a client to agree to a settlement instead of fighting through to trial.
Let’s go directly to your questions. Is it true, as your attorney told you:
1. that your claim would be worth a lot more with an independent recommendation for surgery, but
2. that to get full value for your claim you should go through surgery, as opposed to merely having a recommendation for surgery?
The answer to both questions is YES. Your attorney did the right thing to get on record a solid recommendation for surgery. THAT helps since the claim now goes into a higher value category. But your attorney is also right that the highest category is when the claimant ACTUALLY GOES THROUGH with the surgery. Otherwise, you are merely one of a great many who are candidates for surgery. It is the experience of the surgery itself, with its risks and recovery problems, that will bring a policy limits value.
So, what should you do now? First off, you have to wonder how you will live with this pain. Who is going to cover you down the road when your back has deteriorated to the point that you cannot take it anymore? No one will pay you then for your time off work or your pain and suffering.
So, you have some thinking to do on two accounts. First, what to do about the surgery. Second, what to do about the attorney.
I cannot make up your mind for you. But I can ask a couple of questions that might help you to focus on the issues. Can you wait for settlement, or is your life so financially unstable that you will be willing to take a great deal less than you could get just to have the money now? I have had clients like that. They want their money NOW. To heck with staying the course and focusing on the big picture. So we settled a $135,000 claim for a measly $72,000, just because the client was not willing to wait. THAT is quite a discount: are you going to do the same thing?
If financial starvation is driving you toward an early settlement, then consider taking a loan from the many companies that loan funds with a lien on the settlement. Research “insurance settlement loan”.
Who will pay for the surgery if you have it now? Do you have your own PIP or MedPay to cover your expenses? Or maybe you have some medical insurance or an HMO through work? If you do have medical coverage, that is another reason for the surgery.
Now, the topic of the attorney. Let’s say that you DID have the surgery. You could put together your own claim demand if you were diligent in keeping track of things. You could probably get in the range of $60K to $70K if you presented the claim right.
THAT is when you would turn to an attorney and tell her that you will hire her to get the full value at 40% of everything she gets for you ABOVE YOUR EXISTING OFFER. Hence, not one dime of the settlement offer you earned goes toward the attorney fees. Insurance settlement http://www.settlementcentral.com/page0109.htm personal injury attorney fees.
The only way to do that is to fire your attorney BEFORE HE DOES ANY MORE WORK. He may claim a lien on the file, but HE HAS TO TURN OVER YOUR FILE TO YOU, and you have a right to dispute his lien with your state bar association http://www.settlementcentral.com/links.php Bar associations have rules regarding fees charged and they also have a forum to resolve differences.
Should you do that now? Probably NOT. Since that strategy is dependant upon your having the surgery, you need to decide to have the surgery first and then you need to have a second opinion from another attorney. In the position you are in, I would go for the surgery, since this is your ONLY chance to get paid for all the time off work, the medical and rehab costs, and your pain and suffering.
I would also think about consulting another attorney to get a second opinion ASAP. BEFORE HE DOES WORK that would earn him a bigger fee. You need to do that quickly since once your attorney puts together his demand letter and sends it out, he has a claim to a larger lien on your file. By the way, should you decide to hire the second opinion attorney, she will arrange to split fees with your present attorney. You will be charges only ONE full fee, not two. Since the split is based upon how much work the attorney has done in the file, and since it appears that your attorney has done darn little work in your file, the sooner you seek her opinion, the more likely the second attorney is going to be willing to take on your file.
If you want to get a second opinion, then write to me again and let’s discuss it. One way is to go to the second attorney and let her write to the first attorney and tell him to cease all work on the file and to send the COMPLETE file to her for review. A second way is for you to write such a letter yourself and to arrange to pick up the file, subject to the claim of the attorney for BOTH fees and costs (medical reports and copies, etc.).
I have such a letter to give to you IF you believe upon full consideration that this is the best way to go. Remember, you will not do as well as your attorney for an offer if you do not have the surgery. It is only when you have the surgery that you can get full value.
The way your claim is going now, according to your description of his work habits, it sounds like your attorney is going to try to push you into a settlement without doing a lot of work in the file. A second opinion does not mean that you are going to switch attorneys. The second attorney could easily agree with the strategy and work of your existing attorney. I guess that this is probably the best answer for now.
I trust that my extra time here has been of value to you, and hence I respectfully request that you take a moment to find the feedback forum on this website and to leave some feedback for me.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
