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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Exclamation Attorney drops case 5 months before 2 year statute.

    This has been the worst 2 years of my life. I was rear ended in Los Angeles on the 134 Westbound on October 8/2004. I was the passenger in my own vehicle with a friend driving. The police and fire rescue were both called to the scene. Although I felt dizzy, nauseous and a burning sensation in my stomach, we made the decision to go home and opted against going to the hospital. That evening and for the rest of the weekend, I felt dizzy, stiff, nauseous and vomited several times.
    My vehicle was a 1996 Saab 900 convertible, progressive came to inspect and determined it was a total loss. I was paid less than the value of my car. I could not replace it for the amount they paid, and had to go out of pocket $3000 to purchase a replacement vehicle. Progressive assured me that my rental car bill $519.37 would be paid.

    I had been to a chiropractor earlier in the year, and made an appointment to see him on the Monday following the accident. I was treated and he recommended that I seek legal representation for my case, as I was very tender and stiff, he advised that I had whiplash and also the symptoms of a concussion. He recommended an attorney and Both the driver(Nick) and I set up an appointment. We retained his services, at the time I was not fully aware of just how badly I would be affected by this accident. Since the accident I spent 2-3 times a week being treated by the chiropractor for a couple of months. I was referred for X-rays, to see a neurologist and an orthopedic surgeon. I also had an MRI of my right shoulder. Finally I spent 5 weeks in Physical therapy, and was seeing my GP on a regular basis, he was prescribing various muscle relaxers, pain killers and anti-anxiety for the stress associated with the injuries. In the end the diagnosis was post- concussive syndrome with headache and chronic spasm of the head and neck. My GP determined my status to be permanent and stationary as of November 11/2005. I had cortisone injections twice, and spent the better part of a year and half in doctor's offices trying to find a solution for my daily headaches and neck and back pain. This is a very basic description of the events since October 2004 to present.

    I am a model and singer-songwriter. This accident caused a huge amount of stress, mental and physical pain which prevented me from working on numerous occasions. My husband and I separated as a direct result of the stress caused by the accident and my inability and lack of desire to be intimate. He passed away in September of 2005 from a ruptured aneurysm.

    Here are some specifics:
    My insurance company: Progressive
    Underinsured coverage:100/300

    [Name Deleted by Admin] (at fault party) insurance company: Farmers
    His coverage: 15/30/5

    To date farmers has paid the policy limits of $15000 on each case. We each recovered $5000, the attorney was paid $5000 on each case and they held $5000 in trust on both cases.

    The attorney has attempted to negotiate a settlement with progressive; they are not cooperating and are only offering to waive repayment of med pay. This would leave me owing medical bills, not reimbursed for my rental car, property damage or lost wages and unable to seek the future medical care recommended by my primary doctor. The attorney has since reneged on his promise that he would take the case to trial and in fact was preparing a case. We have just been informed after numerous unreturned calls that they no longer want to take the case to trial, and unless we want to "put up $10K to pay for the cost of going to trial, they would not represent us". We are now 5 months before the 2 year statute of limitations deadline.

    Surgery of the knee was recommended for Nick (the driver) by an orthopedic surgeon. However when presented with these reports, Progressive stated that this doctor had "testified as a witness in too many cases" and therefore were not going to use his report as a part of their evaluation.

    We are simply, 2 people who were in an accident, 100% someone else's fault. We went to the doctor's recommended to us, and followed all instructions given. In the end I am still suffering from daily migraine headaches and stiffness and spasm in my neck and shoulders. I have not been able to play golf or tennis since the accident as I can only last a short while before the pain is too much to bear. I am a single parent who can no longer enjoy the activities I used to with my son. I have gained weight, become irritable, moody and depressed and lost numerous job opportunities. My marriage fell apart and my overall quality of life has been greatly diminished. Nick is still in need of surgery and is walking around with a swollen knee that has prevented him from running, cycling or playing basketball.

    We are uncertain if we should have another personal injury attorney look at the case or look into a possible "Bad Faith" claim against Progressive who are being completely unfair in their negotiations. I paid a high premium for that policy, and for the UM coverage, it is supposed to be there to protect me. There is no way I should be coming out of this owing money.

    Thank you,
    Ms J

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attorney drops case 5 months before 2 year statute..

    With five months remaining you still have time to seek alternate counsel, if you are unable to mend fences with your lawyer and settle the case. It sounds like your lawyer believes the case is worth considerably less than you believe it to be worth. Does your retainer agreement with the lawyer specify how trial would be handled or paid for?

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Exclamation Re: Attorney drops case 5 months before 2 year statute..

    Thank you for your reply...

    The attorney is not trying to resolve the situation any further, as it appears Progressive will not budge. They advised that we seek other councel,take the med pay(which will still leave me owing) or pay them 10K to take he case to trial...is this even legal,for them to ask this? They were estimating a minimum of 2.5-3 times the medical bills (mine were $10K+) plus my lost assignments/gigs.

    The retainer agreement states 33.3% before a lawsuit or demand for arbitration is filed and 40% after a lawsuit or demand for arbitration is filed.
    It states "our services are for services through trial. I don't see anything else pertaining to how a trial would be handled or related to the fees involved beyond the percentages above.

    What do you think?
    1) Can he legally ask for $10 000 to go to trial, when the case was taken on a contingency basis and was supposed to include taking the case to trial if needed(and were told they would go).

    2) What about deliberately dragging things on, and avoiding contact for months at a time. Being dishonest and misleading in conversations. Misleading me into believing they were going to go after Progressive, and I was "safe" and "protected" with my "large" UM policy.

    3) How can progressive deny payment even on the medical bills and rental car etc...isn't that what we pay those high premiums for UM for?

    4) Do you think looking for another personal injury attorney is the answer or should we look into a "Bad Faith Insurance" claim/suit...or even legal malpractice?

    Your thoughts would be very much appreciated,this is the third lawyer in the past 12 months that has been disonest in their dealings with me(probate attorney,malpractice suit on behalf of mu husband's estate)

    Thank you!
    Ms J

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Attorney drops case 5 months before 2 year statute..

    Quote Quoting jsstarr
    1) Can he legally ask for $10 000 to go to trial, when the case was taken on a contingency basis and was supposed to include taking the case to trial if needed(and were told they would go).
    It depends, I suppose, on what the $10,000 is for. If it is to pay for costs, expert witness fees, etc., possibly. If it is a legal fee, that would appear to be in conflict with the retainer agreement. It sounds, though, like the lawyer has decided that you believe that your case has a much greater value than you could get in court, and this was trying to pressure you to either settle or find a different lawyer.

    Quote Quoting jsstarr
    2) What about deliberately dragging things on, and avoiding contact for months at a time. Being dishonest and misleading in conversations. Misleading me into believing they were going to go after Progressive, and I was "safe" and "protected" with my "large" UM policy.
    Your lawyer should of course be honest with you.

    Quote Quoting jsstarr
    3) How can progressive deny payment even on the medical bills and rental car etc...isn't that what we pay those high premiums for UM for?
    If they don't believe the bills are related to the accident, or you incur more for rental expenses than the policy covers, they will dispute your claims.

    Quote Quoting jsstarr
    4) Do you think looking for another personal injury attorney is the answer or should we look into a "Bad Faith Insurance" claim/suit...or even legal malpractice?
    You may need to decide if you are going to blame your lawyer for not being able to settle the case, or the insurance company for unreasonably declining your lawyer's settlement offers.

    For now, if it were me, I would focus on trying to get help resolving the insurance claim or filing a lawsuit before the statute of limitations runs.

  5. #5
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Exclamation Re: Attorney drops case 5 months before 2 year statute..

    Thank you...

    I have a few more questions if you don't mind...

    1) What is the law related to a lawyer pressuring a client to accept unreasonable terms, or get a new lawyer.

    2) I was pressure to sign off on the settlement with the other insurance company, because they "assured" me that there was no need to worry my policy would pay. I never would have waived the right to go after the driver personally or any other potential rights i may have had if I knew they would reneg on their promise.

    3) My rental car was only $519, I took the least expensive car, the accident was 100% the other guy's fault, and I was once again "Assured" progressive would pay for this and the $327 bill for my laptop which went flying from the back seat to the front and sustained screen damage. I have unreimbursed prescriptions,bills from my GP,an MRI of my shoulder,a Neurologist, an orthopedic surgeon,x-rays,and Physical Therapy. The Chiropractor that sent me to this lawyer and who was covered under my medical insurance,insisted I sign the lein with him. He told me that was a part of my coverage and not to worry. He treated me and the driver for 2 months and kept billing until he maxed out my $5K and the drivers $5k (med pay)...then of course he decided I should seek alternative treatment.

    4) The chiropractor was paid first...without any negotiation of the fee,with an attorney I understood they are required to reduce there bill by a third? The two of them are clearly working together. The attorney has been telling me that they will go after Blue Cross to pay at least part of my medical bills. They have not done this either.

    5) With respect to asking for $10K when there is a contingency retainer agreement...is there state law that addresses this and when the conduct of any of these situations would merit holding the attorney responsible?

    Thank you,
    Ms J

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attorney drops case 5 months before 2 year statute..

    With the level of detail and specificity you require, it would be a good idea for you to consult a lawyer in your state.

  7. #7
    Join Date
    May 2006
    Posts
    2

    Default Re: Attorney drops case 5 months before 2 year statute..

    hi, my son was t-boned driving 30 mph down our road ,,neighbor backed out of his driveway & nailed him. both full coverage {michigan } ,son has $ 1000 deduct. cost to fix $ 3600 w/ 2 weeks in shop ,,mini tort I know only $ 500, but he needs to rent a car for work ,not cover on his insurance. can he ask other company to cover expense or just a waste of time. Mich. has dumb law , innocent people pay when they should not have to. other driver did not get a ticket but admitted to fault on his part. i think he should get a ticket { careless }.Is it worth small claims court to sue for rental and the other $500 ?
    Thx,Deniece

  8. #8
    Join Date
    May 2006
    Posts
    7

    Default Re: Attorney drops case 5 months before 2 year statute..

    Don't pay the 10K to go to trial. You would be better served going to another attorney. As long as your lawsuit is filed by the Statute of Limitations you don't have to worry about the date. You have plenty of time to find a new lawyer.
    As far as your current lawyers actions, contact the local state board and ask to file a greviance. They will eveluate your claim and determine if there was anything that the lawyer did that violated his perfesional responsibility. 1-800-843-9053 is the number to call in california. You can find this number on the web site http://www.calbar.ca.gov/state/calba....jsp?cid=10174

    In my state we have a law that is called unfair claim settlement practices act. You might want to ask your new lawyer is Cali has anything like that, and what is comprises of.
    Of course you might want to contact the insurance company and try and settle your self. Now you would mark off about 30% for attorney fees that you will not pay and see what you can get done. Therefore, you are trying to save them money by reducing the settlement cost by 30 to 40 percent. You will still get the ammount you wanted and it would just cost them less.
    The moment they give you a hard time get a new lawyer, one that gets things done. Always ask about their winning percentage and average settlement.
    Good luck!

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