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Thread: what to do about a lawyer?

  1. #1

    what to do about a lawyer?

    I was injured exactly two years ago on the 10th of this month. Someone I knew referred me to a lawyer about 3-4 months ago who thought I might be able to get some settlement. I personally do not see any case and dont care about a settlement. Im the one who broke my neck at a so called friends house. Unfortunately I was moved and left on a couch for about 3 hrs. while they left to go eat.
    Anyways, this lawyer now comes to me a week before the two year limitation is up and wants to work on my case hes had all this time and now he wants to file some claims. He keeps asking me the same questions over and over. Ive told him to drop it, but my mom keeps telling me to pursue it. Im really starting to hate this lawyer, what would you do?

    Even if your body cannot move, you can still think and meditate ~Dalai Lama~

  2. #2
    Super Moderator Sue Pendleton's Avatar
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    Bridget most Tort lawyers work on commission. You may need a settlement if there is cause that your friend's were liable like through their renters or home insurance policy. I'd either hire a good personal injury lawyer or start at the state insurance commissioner's office. Medicaid, Medicare and even your own private insurance (or parents if you were under 21) can come after you for restitution. So, you may not need to or want to sue anyone but you do need to CYA and your parents'.

    My injury was due to lack of blood flow to a spinal artery and no accident was involved. But............everytime I need durable medical equipment I get asked if there is someone else's insurance involved so my insurance doesn't have to foot the bill. Just make sure the attorney understands you want a disclaimer of blame or he'll want to sue to get his 20% or 30%.

    Courage doesn't always roar. Sometimes courage is the quiet voice at the end of the day saying, "I will try again tomorrow."

  3. #3
    Bridget
    They should never have moved you!!!!!!!!
    if you got a small settlement you might be able to do a few thing's that you might want to do without it you won't. But I'd seek out my own attorney first

  4. #4
    bridget lawyers dont usually go after empty pockets or personal assects , as far as i know in this thpe of case, they look for someone that has insurance money ,rentars homeowner, someplace they can hang their hat, i would go and get anthing you can.. even if its a small settlement it may help paying for something you need such as vehicle..
    its normal to hate lawyers we all do

  5. #5
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    Sorry Bridget but if the statute of limitations says two years you're sol at this point if nothing has been done to date (personal injury isn't my specialty but statutes are statutes). The judge will give you a "too bad so sad but time is up" speech and that'll be it, it's likely that the judge will say that if you really wanted a settlement you'd have contacted a lawyer sooner than 3-4 months from your time running out. Don't mean to be nasty, and I'm sure this isn't what you wanted to hear but as a lawyer you probably don't like me much anyway .

  6. #6
    Senior Member krstofer's Avatar
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    At least you have a chance. Well maybe. Try finding one fluent in federal workman's compensation...

    http://krstofer.org

  7. #7
    quoted by Sue:
    'Just make sure the attorney understands you want a disclaimer of blame or he'll want to sue to get his 20% or 30%.'
    Sue, im not sure what this means...disclaimer of blame?


    I did have a lawyer when I was first injured--a different one--but he never called, so I called him and he told me he couldnt handle it himself, but would pass it to another lawyer. afterwards, no one called, so I figured I didnt have a case. so i said forget it until this one contacted me. i read the contract last night and he wants as much as 50% and I also have to pay all fees relating...isnt that a little high? i think its too late to find another lawyer. as far as insurance, im pretty much set because I get all my medical treatment and supplies from the VA (veterans admin) hospital.

    duge
    i know they shouldnt have moved me, i probably would have been a para instead of a quad if they hadnt. idiots. guess they werent really friends. but i do take responsibility for what happened. shit happens and thats life. deal with it and move on, right?

    Even if your body cannot move, you can still think and meditate ~Dalai Lama~

  8. #8
    Senior Member Cspine's Avatar
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    bridget, sounds like this layer is trying to take advantage of you. i don't think you can find another lawyer and get him to file in a week so you might be stuck with him. if he's willing to work on contingincy (spelling?) i'd say go for it. what do you have to loose? my settlement got me my van, new wheelchair, and my first house.

    The more you dissaprove the more fun it is for me.

  9. #9
    you may still have time, not sure what the time is, 24 monts, but it hasnt passed, so a lawyer just has to initate the claim...i think?
    i went to a couple lawyers myself, both sent me written letters after reviwing all the medical and particilars, declining the case and informing me of the staue of limitations , and that i should also contact others for a 2nd or 3rd opinon, thats a professional lawyer. they actually folowed it up with registered mail too.to cya i guess in my state its malpractice on their part if they dont follow up properly.
    you may be able to extend the statue if the lawyer was negligent in filing or notifying you in a timely manner that they were not taking the case too.

  10. #10
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    Generally a personal injury lawyer's fees will run between 20-50% on contingency (you don't get paid, they don't get paid). Sounds like your lawyer is going for the upper end as s/he knows the statute is about to run out and you don't really have time to get another lawyer at this point.

    Basically the lawyer has until the 10th to file or the statute runs out and you're barred from suing those responsible. If the lawyer is taking a percentage of your take in a successful suit, their costs should be part of (not in addition to) the percentage you agreed upon (pls pls pls get this in writing to protect yourself).

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