My question involves malpractice by a lawyer in the state of: Florida
My attorney was hired on a contingency. This is an auto accident case. we had to go after our own car insurance because the party at fault didn't have coverage. Our insurance company only paid benefits under the uninsured motorist portion of the policy but we had full coverage. Is the attorney supposed to get the insurance company to provide benefits under the Bodily Injury portion too? The other question is the attorney never contacted the insurance company for loss of wages which is in our policy as well until several months after the whole thing began. By this time the one doctor that the attorney referred or sent us to had already exhausted the benefits under our insurance which was several thousand dollars. The attorney says its just too bad that we can't get loss of wages now because the "doctor" ate up the benefits allowed. Is the attorney at fault for not doing what he was asked to from the very beginning to get our loss of wages? That is the first thing I asked him to do and the first thing he said he would do and he never did it until several months later and after we asked over and over and over again. Can we bring him to small claims court to attempt to recover benefits exhausted by the doctor he sent us to? If we were to bring him to small claims is there even a small chance that the judge would possibly rule in our favor? Any help or advice you can provide is greatly appreciated!!