Settlement in Auto Accident:Attorney Run Around?
News @ VCU Online
accident. He was hit from the rear with resulting back and neck injury. He
was told by the attorney he hired that he would receive a very large
settlement. In any event this man's treatment and physical therapy ended
four months ago. At no time has the attorney contacted my painter to inform
him what steps he was taking and would take to reach a settlement with the
insurance company--no copies of correspondence, for example. Periodically
the attorney's secretary would call to say "things were looking good" but
with no specific details. Several months after completing treatment the
secretary called to say he could expect a check within two to three weeks.
Three weeks later my painter called and was told the ofice was expecting a
statement from the hospital.(It takes this time to get a bill?!) but that
again "things were looking good". He could not be given an idea about where
things stood at that time nor a proposed settlement figure because the
attorney didn't want him to get his hopes up and then be disappointed.
About a month later he was told he could expect his check in a week to ten
days. Nothing. Told again things were looking good he waited another month
to be told the next time he'd hear from the office his check would be ready,
in about a week. Most recently his attorney implied that a settlement had
been reached but was "put on hold" because the IRS claimed he owed back
taxes--which he does. His work, however, is not steady and he could owe very
little. Further, I'd always thought personal injury compensation was not
taxed.
In my opinion this attorney, widely advertising on TV, has a large volume of
cases and did not actually get to my painter's case with due dispatch. I
think he was and is being derelict and counting on my painter's lack of
sophistication not to complain about the foot dragging.
What could my painter look forward to if he were to fire this attorney and
hire another? Or settle with the insurance company directly? I have advised
him to call his attorney to make an appointement and have go over all the
correspondence, phone calls, etc and order him to complete the settlement
within a specified time limit.
Whether this situation borders on malpractice or not,I 'm not competent to
say. If it were I, however, I would have sent a complaint, with a bill of
particulars, to the state bar association.
What recourse does this man have?
Bob Stock
[snip]
>Several months after completing treatment the
>secretary called to say he could expect a check within two to three weeks.
[snip]
>About a month later he was told he could expect his check in a week to ten
>days. Nothing.
A settlement agreement has to be approved and signed by him.
>What could my painter look forward to if he were to fire this attorney and
>hire another? Or settle with the insurance company directly?
He could contact the state bar or local bar association for some help
on this. He could also consult with a second attorney to find out how
difficult it would be to change attorneys.
>I have advised
>him to call his attorney to make an appointement and have go over all the
>correspondence, phone calls, etc and order him to complete the settlement
>within a specified time limit.
It's better to write letters to the attorney rather than to simply
make telephone calls. And keeping a record of any calls is a good
idea as well.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
Brett Weiss
client's permission. It is the client who determines what an
appropriate amount to settle the case is (certainly with input from
the attorney).
If your painter fires this attorney and gets another, the first
attorney has the right to be paid for the work he performed. This may
well be a piece of whatever settlement is reached.
PI cases can often drag on for substantial periods of time. This can
be due to a number of factors: completion of medical treatment,
obtaining medical records, insurance company delays and attorney
delays. It is the lawyer's obligation to keep the client informed of
what's going on, and the client's obligation to ask questions if he
doesn't understand what's being said.
--
Brett
*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* law...@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
*****************************************************************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
*****************************************************************
"News @ VCU Online" <ldi...@vcu.org> wrote in message
news:8nplis$1bd2$1...@mercury.vcu.edu...
> Ten months ago the man who does my painting work was in an
automobile
> accident. He was hit from the rear with resulting back and neck
injury. He
> was told by the attorney he hired that he would receive a very large
> settlement. In any event this man's treatment and physical therapy
ended
> four months ago. At no time has the attorney contacted my painter to
inform
> him what steps he was taking and would take to reach a settlement
with the
> insurance company--no copies of correspondence, for example.
Periodically
> the attorney's secretary would call to say "things were looking
good" but
> with no specific details. Several months after completing treatment
the
> secretary called to say he could expect a check within two to three
weeks.
> Three weeks later my painter called and was told the ofice was
expecting a
> statement from the hospital.(It takes this time to get a bill?!) but
that
> again "things were looking good". He could not be given an idea
about where
> things stood at that time nor a proposed settlement figure because
the
> attorney didn't want him to get his hopes up and then be
disappointed.
>
> About a month later he was told he could expect his check in a week
to ten
> days. Nothing. Told again things were looking good he waited another
month
> to be told the next time he'd hear from the office his check would
be ready,
> in about a week. Most recently his attorney implied that a
settlement had
> been reached but was "put on hold" because the IRS claimed he owed
back
> taxes--which he does. His work, however, is not steady and he could
owe very
> little. Further, I'd always thought personal injury compensation was
not
> taxed.
>
> In my opinion this attorney, widely advertising on TV, has a large
volume of
> cases and did not actually get to my painter's case with due
dispatch. I
> think he was and is being derelict and counting on my painter's lack
of
> sophistication not to complain about the foot dragging.
>
> What could my painter look forward to if he were to fire this
attorney and
> hire another? Or settle with the insurance company directly? I have
advised
> him to call his attorney to make an appointement and have go over
all the
> correspondence, phone calls, etc and order him to complete the
settlement
> within a specified time limit.
>
DeWayne A. Ashley
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