My Lawyer Accepted a Settlement on a Personal Injury Case Without Notifying Me

[ssussie]

My question involves an injury that occurred in the state of: Rhode Island
My Lawyer excepted a settlement on a personal injury case without notifying me. I went to a deposition with my laywer and about 2 weeks later he contacted me and stated that he wasn't able to do anything with the case. A year later in December of 2009 he called me and said that he needed me to come in and sign a release because the insurance company is giving him $3000.00. I asked him how much was I going to get he said that he didn't know yet. I asked him why would he settle without knowig what my medical bills are? he said that he would call me back. Well I got my call back and he's stating that I owe $600.00 more than what he settled for. Needless to say I freaked out and told him to call me when he got some solid figures together. When he called again the following day he said that I would get $1000.00 . Please help what can I do about my lawyer? Can he do this?

[jarno]

you coulda settled that much yourself... what were your injuries. I guess for that much you didn't have any. You can shnooz out 1000-5000 from insurance companies without having to hire a lawyer.

[Dogmatique]

Ignoring jarno's post (which would be the best thing to do)....what did you SIGN with this attorney?

What exactly was the agreement? Did you give him permission to accept an offer on your behalf?

[ssussie]

I did have injuries I had a pinch nerve in my neck I was seeing a neurologist 3times a month for 8 months.
Dogmatique: I signed a general release of all claims
I never gave my lawyer permission to accept any settlement verbally nor in writing. I'm really upset with him this is the second case he's represented me on and I also gave him 3 referrals before this happened

[jarno]

You're not really sharing the entire story and everyone would have to guess. Are these injuries from a previous case? did he pull of the same thing in the first case? 24 visits to the neurologist should have ceirteantly costed you more then a $3000 so the numbers aren't adding up. Do you have a good case? was this actually from a car accident? what was the damage to the vehicle? etc etc

[birdwillow]

your entire story does not add up,

why on earth would someone visit a neuro for a pinched nerve 24x in 8 mths???.

usually, a pinched nerve as a result of a minor car accident... does not = neuro

what could the neuro possibly do in those 24 visits?

A chiropractor uses modalities & manipulation to treat pinched nerves & it requires more frequent visits

A neuro can use drugs & surgery... but they do not just do surgery unless it is a last resort & they would certainly not see a pt 24 x in 8 months..

My guess is your confused @ what type of doctor you saw...
IE: if you went to a Chiro & he charge $100/visit it would be about $2400 So that would be right in line with the med bills your attn. quoted of $3000

[KeyWestDan]

Most personal injury cases are taken on a contigency basis. Any attorney with a clue is going to have the client sign a contingency agreement that spells out the percentages and costs involved and the procedures, as well as if the attorney can settle the case without specific instructions from the client.

Costs, such as filing fees are deducted off the top. Then the attorney takes his percentage and what is left goes to the client.

Three grand is nothing, unless your case was nothing. That was nuisance money.

[ssussie]

Jarno No it wasn't a good case and yes I did have previous injuries. The case was so week that I accepted the fact that I wasn't going to receive any monetary settlement. There was damaged to the vehicle and I recieved payment for that within 14 days. My issue is that I think my lawyer is trying to burn me. The figures he's coming up with do not match up. He intially told me I wasn't going to get anything, then he tells me I owe $600.00 now he's telling me I'm getting $1000.00. I'ld rather have the $1000.00. I'm just alittle concerned that he would accept the offer without consulting with me first. He's starting to look a bit shady in my eyes. On another matter he settled a previous case for me in the amount of $25000.00. I receive a check for $8600.00 the balance after my medical bills were paid and his 1/3. Monday I received a damand letter from a lawyer representing the hospital I was seen at stating I owe a balance of $3539.00 for treatment giving to me on the date of my accident. Bottom line is that I think my lawyer is burning me and not being ethical. What do you think?

[Mr. Knowitall]

We have no way of knowing. Ask for an accounting of the proposed settlement and distribution.

[jarno]

I doubt it's in his interest to burn you. There's no need to get disbarred over 1 accident. Not to mention, it's in his interest to get a bigger settlement. I guess when the amount is so low he might just no care. I'm thinking the case must be weak. Of course theres a chance he's just not good, but we wouldnt know that.