QuestionAfter two and a half years, my attorney finally got my case to go to trial for an auto accident. I was the passenger in a car that got hit on the passengers side at 65mph without braking. I suffered 3 broken ribs and my head hit the windshield breaking the glass and causing me to be scarred. I am a juvenile diabetic and as a result of the accident my diabetes was significantly effected to where I am now an uncontrolled diabetic with several other complications as a result of my high blood sugars and not being able to control my sugar levels. The Case Evaluation team awarded me 14,300.00 I accepted the award and Farmers Insurance company, the drivers insurance company, refused. It went to trial. Before the jury came in the attorneys settled at 10,000.00. I agreed because prior to the court date I was sent a letter from my attorney, which I now quote from:
"We must notify the Case Evaluation office by June 2, 2008, 28 days after the Case Evaluation Hearing as to whether you reject or accept the Case Evaluation Award. If both parties accept the award, the case settles for that amount. If any party rejects the award, the matter goes to trial. Generally, if the party that rejecs doesn't come within 10% less of the rejected award, then they have to pay the others actual costs and attorney fees from the date of case evaluation accept/reject date through the end of trial."
I am being told by the law office that the 10% rule does not apply since my case did not go to trial. However, the judge came in, the court was called into session. The attorneys agreed to settle at 10.000.00. I accepted that amount, because of the above mentioned letter, thinking that since the settlement offer from Farmers was far less than ten percent they had to pay my attorney fees and costs. My question is, even though the jury was not called in, didn't my case go to trial? Also, The letter never stated that to get those fees paid that it had to go to jury trial. How can a PIP settlement be allowed to pay off leins when it is intended to pay those who helped to take care of me. I have a Lien out on money borrowed from the anticipated settlement, another attorneys lien who started the case and a lien to child support. What is really going on?
Richard Twist
AnswerOK, you've asked several questions....
"My question is, even though the jury was not called in, didn't my case go to trial?" - Since the case settled, the 10% legal fees issue is not applicable. In this case, you settled for $4500 less than the original amount. So the insurance company was successful and they would not be asked to pay any legal fees. They would not be punished for winning. If you feel your attorney did not explain things to you, you might have a malpractice case againts him/her. You could talk to another attorney who handles malpractice cases to see if you have a case.
"Also, The letter never stated that to get those fees paid that it had to go to jury trial. How can a PIP settlement be allowed to pay off leins when it is intended to pay those who helped to take care of me. I have a Lien out on money borrowed from the anticipated settlement, another attorneys lien who started the case and a lien to child support. What is really going on?" -- Again, if you think your attorney mishandled these issues, talk to a malpractice attorney.
