vicster007
Junior Member
I live in Georgia but my case is pending in Pennsylvania.
Hello. Thank you for reading this
I currently have a car accidently case pending in Philadelphia, PA(I was visiting). I was sideswiped by a car trying to parallel park and then rear ended. I had to find an attorney by doing phone interviews. I found an attorney and explained that this case would have to be handled long distance since I live in GA. I would need and attorney that would keep me informed throughout the process. He assured me that he was always available because he handled things in the office and his partners were the litigators and handled the court appearances. Once I signed on, I noticed that the only time I got any information was when I contacted the office. There was a period of 6 months were I did not contact them and I received no contact. I wrote a letter to inquire as to the status of my case and to question the expectation of proactive contact from them. The attorney I spoke with initially was suddenly abrupt and difficult to reach. My case was given to another attorney who has been short and uninformative for the few conversations we've had.
The SECOND attorney never talked to me about the details of the accident, my condition prior to the accident, how the bulging disc I suffered has affected me (ex: I was out of work for 1 month and lost pay/vacation time), or what I can expect to happen with the case. When he informed me that the driver of the car that made 1st contact(sideswipe) had no insurance, I asked if the driver of the second car had insurance. He curtly replied that they did not cause the accident so we would pursue a claim against MY insurance company. I said isn't it always the drivers responsibility to keep a safe stopping distance away. He repeated that they were not at fault. (I had already discussed with the 1st attorney that I did not want to sue MY insurance company unless there was NO OTHER OPTION).
I found myself in Phila. Aug 2004 and called to schedule an appointment to meet my attorney as I had been with them since Oct. 2002 and never met any of them. A voice mail message was left that there was no need to come in, there was nothing he would tell me in person that he hasn't by phone. I schedule with the secretary anyway. I met with the second attorney for about 15 minutes where he proceeded to tell me that the second driver WAS who we were seeking damages from(coincidentally the same insurance company as I have). He also talked about "what an injury such as mine" was worth. I told him that I was very healthy and had NO disc problem prior to accident and now I get headaches, I have to crack my neck to get proper alignment everyday and if I don't use the exercise equipment bought through physical therapy at least 3x a week my pain increases. He told me everyone "my age" has disc problems and the insurance companies have a scale to determine what particular injuries are worth and he was waiting to get an offer from the company. Four months later, I received a letter from the second attorney stating that my case has been settled for XXX dollars and that I should sign the attached paperwork BUT DO NOT DATE IT and their "fees and incidentals" would be subtracted - the remainder forwarded to me. I called the second attorney and asked what were my options if I didn't want to accept the amount given. "First, get a new attorney!" "I already....." He went on to tell me how I would have to "pay out of my pocket" to fly up there and "pay out of my pocket" to have a deposition recorded, "pay out of my pocket" to fly back up for a hearing and that after recooping all these expenses, I would get less then the current offer. I asked what were the "fees and incidentals" for my case. He sharply told me he didn't know and that after the case is settled it goes to their accountant where he determines what should be deducted and the rest is sent to the client. When I told him I wanted an itemized desciption of these charges before I decide to proceed or not, his reply "it will take at least 2 weeks". "Fine".
Not only do I question how this attorney represented me and my situation verses the value of "the injury", I need to know if he accepted the offer without my approval what does that mean to me?
What legimate reason would there be to NOT date the document if I decide to sign?
Do the options he laid out, if I reject the settlement, sound correct?
How do I verify that this suit is against the second driver and not me against my own insurance company - without sending up any red flags?
What legimate reason would there be to NOT date the document?
What is the value of a bulging disc on a previously healthy person? Should my lost month salary be included in the settlement?
What can I do to deal with this attorney especially when his firm seems to support his actions?
With a contingency agreement, what are my financial responsibilities to his firm if I do get another attorney.
What happens with any statutes of limitations on my accident case if I have to start over again? (the accident was Nov 2001 then 1 year physical therapy)
Thank you for any information.
As much as I want to conclude this situation, I want to check on these issues first.
Regards.
Victoria
Hello. Thank you for reading this
I currently have a car accidently case pending in Philadelphia, PA(I was visiting). I was sideswiped by a car trying to parallel park and then rear ended. I had to find an attorney by doing phone interviews. I found an attorney and explained that this case would have to be handled long distance since I live in GA. I would need and attorney that would keep me informed throughout the process. He assured me that he was always available because he handled things in the office and his partners were the litigators and handled the court appearances. Once I signed on, I noticed that the only time I got any information was when I contacted the office. There was a period of 6 months were I did not contact them and I received no contact. I wrote a letter to inquire as to the status of my case and to question the expectation of proactive contact from them. The attorney I spoke with initially was suddenly abrupt and difficult to reach. My case was given to another attorney who has been short and uninformative for the few conversations we've had.
The SECOND attorney never talked to me about the details of the accident, my condition prior to the accident, how the bulging disc I suffered has affected me (ex: I was out of work for 1 month and lost pay/vacation time), or what I can expect to happen with the case. When he informed me that the driver of the car that made 1st contact(sideswipe) had no insurance, I asked if the driver of the second car had insurance. He curtly replied that they did not cause the accident so we would pursue a claim against MY insurance company. I said isn't it always the drivers responsibility to keep a safe stopping distance away. He repeated that they were not at fault. (I had already discussed with the 1st attorney that I did not want to sue MY insurance company unless there was NO OTHER OPTION).
I found myself in Phila. Aug 2004 and called to schedule an appointment to meet my attorney as I had been with them since Oct. 2002 and never met any of them. A voice mail message was left that there was no need to come in, there was nothing he would tell me in person that he hasn't by phone. I schedule with the secretary anyway. I met with the second attorney for about 15 minutes where he proceeded to tell me that the second driver WAS who we were seeking damages from(coincidentally the same insurance company as I have). He also talked about "what an injury such as mine" was worth. I told him that I was very healthy and had NO disc problem prior to accident and now I get headaches, I have to crack my neck to get proper alignment everyday and if I don't use the exercise equipment bought through physical therapy at least 3x a week my pain increases. He told me everyone "my age" has disc problems and the insurance companies have a scale to determine what particular injuries are worth and he was waiting to get an offer from the company. Four months later, I received a letter from the second attorney stating that my case has been settled for XXX dollars and that I should sign the attached paperwork BUT DO NOT DATE IT and their "fees and incidentals" would be subtracted - the remainder forwarded to me. I called the second attorney and asked what were my options if I didn't want to accept the amount given. "First, get a new attorney!" "I already....." He went on to tell me how I would have to "pay out of my pocket" to fly up there and "pay out of my pocket" to have a deposition recorded, "pay out of my pocket" to fly back up for a hearing and that after recooping all these expenses, I would get less then the current offer. I asked what were the "fees and incidentals" for my case. He sharply told me he didn't know and that after the case is settled it goes to their accountant where he determines what should be deducted and the rest is sent to the client. When I told him I wanted an itemized desciption of these charges before I decide to proceed or not, his reply "it will take at least 2 weeks". "Fine".
Not only do I question how this attorney represented me and my situation verses the value of "the injury", I need to know if he accepted the offer without my approval what does that mean to me?
What legimate reason would there be to NOT date the document if I decide to sign?
Do the options he laid out, if I reject the settlement, sound correct?
How do I verify that this suit is against the second driver and not me against my own insurance company - without sending up any red flags?
What legimate reason would there be to NOT date the document?
What is the value of a bulging disc on a previously healthy person? Should my lost month salary be included in the settlement?
What can I do to deal with this attorney especially when his firm seems to support his actions?
With a contingency agreement, what are my financial responsibilities to his firm if I do get another attorney.
What happens with any statutes of limitations on my accident case if I have to start over again? (the accident was Nov 2001 then 1 year physical therapy)
Thank you for any information.
As much as I want to conclude this situation, I want to check on these issues first.
Regards.
Victoria