QuestionI had a car accident on 3/13/04- I was rear ended. I have a bulging disk C-4,C-5 and C-6. I have had a lot of injections and therapy in the last 3-1/2 yrs. The driver that hit me has 3 prior rear ending accidents. His policy limit through Farmers Ins. is $100,000. My attorney had me go to mediation on 6/06/07 with a settlement of only $75,000. My attorney only gave me $22,000 out of $75,000. She said she would never take more than the client gets, but she did. Now she dropped me,because I asked for the $1750.00 that was still do to me for the Binding Arbitration that she held on to for the UIM in 8 months from now!!! And, I keep mailing to her where is all the other money. Please Help me. Thank You! Darlene
AnswerHi Darlene,
I believe that you have done the right thing to write to me and it sounds like I can help you. But I am going to need some private information from you, so please answer me with a request to make your answer "PRIVATE". That way we can talk about your life in a way that will help me to understand why your attorney elected to go for such a small settlement.
Please write to me ASAP with the following information and let's get ON THIS RIGHT NOW. If you have to fire the attorney, I will help you, BUT WE NEED TO DO SO BEFORE SHE GETS A WHIFF OF A SETTLEMENT OFFER so you do not have to pay her any more fees. Hence get after these answers as soon as you can, and if some information is not available, just send along what you do have.
I am NOT going to make any immediate judgments about your attorney, but just from the sound of it, she must have had a need for some immediate cash in order to make office expenses or for a vacation. Otherwise, ALL THINGS BEING CONSIDERED IN YOUR FAVOR (i.e. no pre-existing injuries that were still symptomatic at the time of the accident), FEW EXPERIENCED ATTORNEYS WOULD EVER DO WHAT SHE HAS DONE.
Depending upon your state, the Bar Association should have a remedy, even these months post-disbursement. You will be able to go back and dispute the fees she charged you if it appears she did not earn them.
Please get me the following ASAP:
1. the state you are in;
2. the date of the disbursement from the mediation;
3. a summary of any letters or conversations from your attorney as to why she "made" you settle for anything less than the policy limits;
4. your assessment of her willingness to go forward with a trial;
5. her years of experience, her trial record--or does she always just settle?
6. the amount of your policy limits;
7. the medical proof of the discs (i.e. MRI);
8. your pre-accident condition--i.e. did you have pains already, or were you already under treatment for cervical pains?
9. for the past ten years: your history of accidents, your history of injuries, and your history of making insurance claims;
10. the type of treatment you have had for this injury (chiro? shots? PT?);
11. the total amount of your medical bills;
12. the total lost wages;
13. the condition of your medical records: i.e. are most of them type and in narrative format, or are they pen records of visits with medical shorthand scratched on a log page?
14. did she file a lawsuit?
15. did she have to answer interrogatories? These would be questions that the other side would send to you to fill out.
16. did she send them any interrogatories?
17. did she take any depositions?
18. did the other side take your deposition?
19. did you have to undergo a so-called "independent" medical examination (IME)?
20. If so, what did the doctor conclude?
If you are serious, then get after these ASAP and answer by number, doing as many as possible as soon as you can.
We will go from there. If need be, I will reply with a letter putting her contract on hold until you get your file for review.
Later,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
