I was involved in an auto accident (defendant was 100% at fault) three years ago. I sustained shoulder, back, and knee injuries, first treated by chiropractor, but the knee was treated by orthopedic surgeon for 6 mos.
While the back, shoulder problems resolved, the knee injury persisted and surgery was suggested. Right before surgery was scheduled, I was diagnosised with Graves Disease, a thyroid disorder that made surgery too risky. It took two years for the Graves to resolve and get clearance for surgery. (which was this Jan 08), and I had the surgery in March 08. I did over a month of physical therapy and as Aug, I am in more pain and my knee is less functional than it was before the surgery, In July the defendant's insurance offered a $50,000 settlement, I was anxious to take since I stupidly took out one of those "pre settlement loans" last August, which I now owe 120% interest on. My attorney felt it was a good deal considering I had the outstanding loan, and that I could have the knee treated under my own insurance, so even though I couldn't comprehend how 50 grand could compensate what seems like a permanent injury (the knee gives out at least weekly), I agreed to try to beat the next increase of the pre settelment loan.
When I met with the attorney to sign the releases and go over expenses, we realized there was an outstanding bill of 22,000 for the outpatient surgery hospital stay, he wasn't aware of. He assured me he would negoiate it with the defendant, and if they didn't want to pay, I could just settle and then try to submit it to Medicare, even though it would leave me with a balance of 20% of the bill.
There are 3 issues I am confused about regarding my attorney's handling and settlement aspects of my case
1) Every bill except for the emergency room bill for the day of the accident was submitted directly to my attorney (to my knowledge), most I never even saw. By not having knowledge of the hospital bill, did my attorney err in agreeing to a settlement or should I have made sure he had all the bills? I mean he knew I had surgery.
2) While my attorney now states it would be "unethical" of him to settle my case with the outstanding bill, just days before he told me I could if I wanted to, and assured me he would give me the option to do so before the next increase in my pre-settlement loan payment, (which was the 13th of Aug). We discussed this about a week before that, but on the 12th-14th he could not be reached, then he flipped and told me the choice was still mine, but that I was bound to pay the increase, even though he didn't get back to me before I had the opportunity to settle before the increase (we're talking a difference of owing $4800.00 on aug12 on a $3000.00 loan, vs now owing $6,250. on Aug 13th. Now the attorney says the defendant's offer is off the table and we will probably have to go to court just to get the hospital bill paid which he estimates will take about 18mos, but will add nothing to my pain and suffering portion.(in fact it the pre settlement loan could actually eat up darn near the whole thing!!) This doesn't make any sense to me
3) The lingering injury itself. Even though I was a homemaker on disability, I did have full use of my legs, even after the accident though I had almost constant pain. But now I can't even depend on my knee to get me from the supermarket to my car without giving out, let alone the regular exercise I used to do.
My attorney's take is that since I wasn't employed and most laser knee surgery heal well, I stand a chance of a jury feeling my injury doesn't take that much away from my life and I could end up with less than the 50 grand offer, or maybe more but it's 50/50.
This is my first accident lawsuit ever, can someone pls advise me if I am being unreasonable in thinking my attorney dropped the ball on many aspects of this case?
BTW, he is the second attorney, as the first attorney advised against the surgery, because of the Graves Diagnosis which we knew could take years to resolve and I thought he was just wanting to rush things along to get paid. He told me basically I was going to wind up with the same amount of money, even with the surgery and that knee surgerys were risky. At the time I thought he was full of it, but now it seems he was dead on.
Any advice about any aspect of this would be appreciated.
While the back, shoulder problems resolved, the knee injury persisted and surgery was suggested. Right before surgery was scheduled, I was diagnosised with Graves Disease, a thyroid disorder that made surgery too risky. It took two years for the Graves to resolve and get clearance for surgery. (which was this Jan 08), and I had the surgery in March 08. I did over a month of physical therapy and as Aug, I am in more pain and my knee is less functional than it was before the surgery, In July the defendant's insurance offered a $50,000 settlement, I was anxious to take since I stupidly took out one of those "pre settlement loans" last August, which I now owe 120% interest on. My attorney felt it was a good deal considering I had the outstanding loan, and that I could have the knee treated under my own insurance, so even though I couldn't comprehend how 50 grand could compensate what seems like a permanent injury (the knee gives out at least weekly), I agreed to try to beat the next increase of the pre settelment loan.
When I met with the attorney to sign the releases and go over expenses, we realized there was an outstanding bill of 22,000 for the outpatient surgery hospital stay, he wasn't aware of. He assured me he would negoiate it with the defendant, and if they didn't want to pay, I could just settle and then try to submit it to Medicare, even though it would leave me with a balance of 20% of the bill.
There are 3 issues I am confused about regarding my attorney's handling and settlement aspects of my case
1) Every bill except for the emergency room bill for the day of the accident was submitted directly to my attorney (to my knowledge), most I never even saw. By not having knowledge of the hospital bill, did my attorney err in agreeing to a settlement or should I have made sure he had all the bills? I mean he knew I had surgery.
2) While my attorney now states it would be "unethical" of him to settle my case with the outstanding bill, just days before he told me I could if I wanted to, and assured me he would give me the option to do so before the next increase in my pre-settlement loan payment, (which was the 13th of Aug). We discussed this about a week before that, but on the 12th-14th he could not be reached, then he flipped and told me the choice was still mine, but that I was bound to pay the increase, even though he didn't get back to me before I had the opportunity to settle before the increase (we're talking a difference of owing $4800.00 on aug12 on a $3000.00 loan, vs now owing $6,250. on Aug 13th. Now the attorney says the defendant's offer is off the table and we will probably have to go to court just to get the hospital bill paid which he estimates will take about 18mos, but will add nothing to my pain and suffering portion.(in fact it the pre settlement loan could actually eat up darn near the whole thing!!) This doesn't make any sense to me
3) The lingering injury itself. Even though I was a homemaker on disability, I did have full use of my legs, even after the accident though I had almost constant pain. But now I can't even depend on my knee to get me from the supermarket to my car without giving out, let alone the regular exercise I used to do.
My attorney's take is that since I wasn't employed and most laser knee surgery heal well, I stand a chance of a jury feeling my injury doesn't take that much away from my life and I could end up with less than the 50 grand offer, or maybe more but it's 50/50.
This is my first accident lawsuit ever, can someone pls advise me if I am being unreasonable in thinking my attorney dropped the ball on many aspects of this case?
BTW, he is the second attorney, as the first attorney advised against the surgery, because of the Graves Diagnosis which we knew could take years to resolve and I thought he was just wanting to rush things along to get paid. He told me basically I was going to wind up with the same amount of money, even with the surgery and that knee surgerys were risky. At the time I thought he was full of it, but now it seems he was dead on.
Any advice about any aspect of this would be appreciated.
