Greetings. I was doing some research and came here looking for a non-biased view.
In April of 2002 I was in an accident where the other driver was deemed 100% at fault.
I retained a lawyer the next day. I was in varying degrees of pain over the next 6 months. Ankle, knee, GROIN, stomach, wrist, shoulder, neck, & back. After 2 years of on & off physical therapy (PT), MRIs, & evaluations, I had $15k of medical bills.
26 months after the accident I start getting bills from the chiropractor. Call attorney and am told they would talk with them. 6 months after my last PT session, I get collection notices from the clinic. Speak with attorney and told he will talk with them. Fall of 05, I get a bill from doctor who saw me years ago. Speak with attorney again and am told the case is looking good & is wrapping up. I am asked how much $$ I would like from this. I really had no idea, but guess my figure was too much. Told we will talk future.
Four moths later, I get a call from my attorney's insurance company, saying they are now representing my attorney. I was baffled and had no idea what was happening. I was in contact with my attorney many times over the last 44 months and was told nothing. I am informed an extension was missed and this insurance company was now going to settle with me. She said I still owed $10k in medical bills and made offer $25k. She was very sweet until I disagreed with the 25k saying it would only leave me w 10k. The adjuster became irate and grilled me over for 45 minutes. I had only realized this was legal malpractice after speaking with friend weeks later. Luckily I had signed nothing.
The extension that was missed occurred 2 years after the accident. Which explains why I started getting bills from providers, there was no medical claim left for them to attach the bills. My research showed my attorney paid my chiropractor bill from his own checkbook. I never knew a deadline was missed and now I see he obviously did not want me to realize it either. During our conversation 6 months earlier nothing was said. Except him trying to talk down the $ figure I gave, saying courts do not act favorable in soft tissue cases. I realize now my injuries surpass soft tissue simplicity. So there I am almost 4 years after the accident learning that it really defaulted 2 years prior. A year later my new attorney was not communicating or providing me with anything except wanting to settle for another 5k, total 30k. I felt as if I was being used and found a new attorney. She said the previous attorney was stalling for unknown reasons and I was a victim of consumer fraud due to negligent representation and breach of contract.
In a few months, it will be 6 years after my accident and I have not seen 1 dollar. The adjuster's top offer is 35k. After lawyer fees & medical bills, this will leave me with not much more than the offer from two years earlier. The adjuster has continued to be quite rude and uncommunicative with myself and those representing me. I also feel 'harmed' in regard that I should have had representation at the time of initial contact by the adjuster and think that she and original attorney knew of this. I was strung on for almost 2 years after the deadline had already passed for extension on my claim, thinking all was good.
I understand my current attorney is trying every angle to keep this out of the courts, but what am I left to do? Fiduciary and/or pecuniary damages apply, but I feel even more anger toward the fact the dollar has crumbled over the past 2 years and along with that my 'lost use of the money' I was due to receive. Original lawyer is playing dumb now. He doesn't remember this or that etc. I saved all emails and have copy of his check from payment to chiropractor office. The dumb defense might have worked a month after the original deadline was missed but I feel he really tried to mislead me through all of this.
WHOA. That is a lot of words. LOL. So sorry for the long read. I could go into my medical treatment etc and the pains encountered 1 and 2 years post accident, but maybe another time. I endure daily discomfort and even more so after driving long distances.
It seems like parties are just dragging me over the coals until I crack. I have waited this long, not of my own choice, to settle this case. I feel totally comfortable appearing before judge and/or jury if that is what is needed for me to receive what I am entitled.
So, what would you all do? I have no idea the value, but do not trust this adjuster at all.
In April of 2002 I was in an accident where the other driver was deemed 100% at fault.
I retained a lawyer the next day. I was in varying degrees of pain over the next 6 months. Ankle, knee, GROIN, stomach, wrist, shoulder, neck, & back. After 2 years of on & off physical therapy (PT), MRIs, & evaluations, I had $15k of medical bills.
26 months after the accident I start getting bills from the chiropractor. Call attorney and am told they would talk with them. 6 months after my last PT session, I get collection notices from the clinic. Speak with attorney and told he will talk with them. Fall of 05, I get a bill from doctor who saw me years ago. Speak with attorney again and am told the case is looking good & is wrapping up. I am asked how much $$ I would like from this. I really had no idea, but guess my figure was too much. Told we will talk future.
Four moths later, I get a call from my attorney's insurance company, saying they are now representing my attorney. I was baffled and had no idea what was happening. I was in contact with my attorney many times over the last 44 months and was told nothing. I am informed an extension was missed and this insurance company was now going to settle with me. She said I still owed $10k in medical bills and made offer $25k. She was very sweet until I disagreed with the 25k saying it would only leave me w 10k. The adjuster became irate and grilled me over for 45 minutes. I had only realized this was legal malpractice after speaking with friend weeks later. Luckily I had signed nothing.
The extension that was missed occurred 2 years after the accident. Which explains why I started getting bills from providers, there was no medical claim left for them to attach the bills. My research showed my attorney paid my chiropractor bill from his own checkbook. I never knew a deadline was missed and now I see he obviously did not want me to realize it either. During our conversation 6 months earlier nothing was said. Except him trying to talk down the $ figure I gave, saying courts do not act favorable in soft tissue cases. I realize now my injuries surpass soft tissue simplicity. So there I am almost 4 years after the accident learning that it really defaulted 2 years prior. A year later my new attorney was not communicating or providing me with anything except wanting to settle for another 5k, total 30k. I felt as if I was being used and found a new attorney. She said the previous attorney was stalling for unknown reasons and I was a victim of consumer fraud due to negligent representation and breach of contract.
In a few months, it will be 6 years after my accident and I have not seen 1 dollar. The adjuster's top offer is 35k. After lawyer fees & medical bills, this will leave me with not much more than the offer from two years earlier. The adjuster has continued to be quite rude and uncommunicative with myself and those representing me. I also feel 'harmed' in regard that I should have had representation at the time of initial contact by the adjuster and think that she and original attorney knew of this. I was strung on for almost 2 years after the deadline had already passed for extension on my claim, thinking all was good.
I understand my current attorney is trying every angle to keep this out of the courts, but what am I left to do? Fiduciary and/or pecuniary damages apply, but I feel even more anger toward the fact the dollar has crumbled over the past 2 years and along with that my 'lost use of the money' I was due to receive. Original lawyer is playing dumb now. He doesn't remember this or that etc. I saved all emails and have copy of his check from payment to chiropractor office. The dumb defense might have worked a month after the original deadline was missed but I feel he really tried to mislead me through all of this.
WHOA. That is a lot of words. LOL. So sorry for the long read. I could go into my medical treatment etc and the pains encountered 1 and 2 years post accident, but maybe another time. I endure daily discomfort and even more so after driving long distances.
It seems like parties are just dragging me over the coals until I crack. I have waited this long, not of my own choice, to settle this case. I feel totally comfortable appearing before judge and/or jury if that is what is needed for me to receive what I am entitled.
So, what would you all do? I have no idea the value, but do not trust this adjuster at all.
