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Can you fire an attorney?

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J

Jabba

Guest
What is the name of your state? Georgia

I was rear-ended a year ago in Oct. I was stopped waiting to turn left and was hit at 45 mph. He was ticketed for following too closely and driving too fast for conditions.

I was hurt. Because I was hurt I retained an attorney to insure that going to the dr and all pertainant bills would be covered.

My medical bills came to over $12,000 and the insurance offered $3,500. My *ahem* attorney said to take the settlement then file bankruptcy. That in my area, the judges are too conservatative and would never pay all of the medical bills.

The agreement was on a contingitcy. Can I walk away from this person and get a real attorney? Or am I stuck with paying all these bills and not seeing the man that caused all of this walk away scott free?
 


HomeGuru

Senior Member
Jabba said:
What is the name of your state? Georgia

I was rear-ended a year ago in Oct. I was stopped waiting to turn left and was hit at 45 mph. He was ticketed for following too closely and driving too fast for conditions.

I was hurt. Because I was hurt I retained an attorney to insure that going to the dr and all pertainant bills would be covered.

My medical bills came to over $12,000 and the insurance offered $3,500. My *ahem* attorney said to take the settlement then file bankruptcy. That in my area, the judges are too conservatative and would never pay all of the medical bills.

The agreement was on a contingitcy. Can I walk away from this person and get a real attorney?

**A: did you hire a fake attorney?
 

smorr

Member
Don't file bankruptcy unless you have no other choice!

Fire the jerk - if he tells you he'll sue you, tell him you'll just have to file - bankruptcy!

Besides if it's on a contingency - and it's only a $3500 settlement amount - he gets one third - hmmm - that don't leave you with much!

Insurance companies always start with the lowest offer. Sometimes they will raise the offer a little, sometimes they don't.
If you have a good attorney, you should be able to get more, but I honestly don't think you'll get the full amount to pay the entire $12K in medical bills.
 

stephenk

Senior Member
are you sure the other car hit you at 45 mph? I ask because that would typically result in death or serious hospitalization.

What have you been diagnosed with to justify the 12K in medical bills? Are the doctors you went to referred by your attorney or part of your own medical insurance (if you have it)? How much is for physical therapy? Has any type of surgery been recommended?
 

stephenk

Senior Member
surgery to what part of your body and why? Any pre-existing problems that were agravated by the accident?

70 mph impact and only $1500 damage? What kind of vehicle was she driving?

Was she or her friend injured?
 

spawn_x

Member
i call bs on most of this.

an impact at 70mph would leave her in a coma or dead... not sitting here typing asking for advice.
 

CMSC

Senior Member
spawn_x said:
i call bs on most of this.

an impact at 70mph would leave her in a coma or dead... not sitting here typing asking for advice.
You are wrong! I just recently became friends with a woman who was hit at 65 mph head on as she was doing 65 mph also! She is alive and so is the passenger in her car. The driver of the other car, a 85 yr old female passed away BUT it is believed she actually had a heart attack before the accident causing the wreck.
My friend has had some serious injuries, was in a coma but came out and is doing very well. It is true the doctors said she should be dead, but she isn't!

Some things happen for a reason and not everything is BS.
 

stephenk

Senior Member
so you believe a NASCAR auto is built the same as a standard passenger car? Did you car come with a built-in roll bar and cage? Does your car have break away panels?

People typically puff up the speed of the other vehicle in an accident, even when they never saw the approaching vehicle (like in a rear end accident). A Saab will not end up with only $1500 in rear damage if hit by a car going 65-70 mph. I have seen demonstrations for accident reconstruction and biomechanic courses I have attended. Plus 1500 in damage is just about the charge to fully replace the rear bumper with no frame damage.

I am not doubting there may have been a big impact, but 65-70 mph is just a guess on the poster's part unless there has been an accident reconstruction expert reviewing the damage to both vehicles, skid marks, etc.

Again, what part of your body needs the surgery?
 
Last edited:

smorr

Member
Clearsound -

1 - I work in a law office and work with other attorneys who specialize in insurance defense work (auto accidents).

2 - the information I gave you was from experience from working in this firm and dealing with the litigation end of insurance defense work. I have approximately 16 years experience in the legal field.

3 - I don't now, nor have I ever purported to be an attorney.

4 - What makes you think the other's AREN'T attorneys?

and

5 - NASCAR racers wear special seatbelts and have rollbars in their cars to protect them from most accidents! Or have you just watched on TV?

Oh - #6 - I know someone who died in a car accident and he was only doing (are you ready for this???) 25 MPH! He fell asleep at the wheel, hit a tree not even 100 yard from his home and wasn't wearing a seatbelt - he was only 18 years old....
 
H

hexeliebe

Guest
I have lived through three accidents in excess of 70 mph.

One on a motorcycle, but both shoulders separated and three cracked ribs and ONE HELL of a headache; one on Media Day at the Kansas Speedway in a modified Stock Car and the other in excess of 240 MPH....

Oh, it was in a C-130 and I had this white ass strapped in to the hilt :D
 
B

Brim__

Guest
Getting back to the original question . . . YES, you can fire your attorney. Re-read the contingency fee agreement you signed. If you fire him prior to settlement, you may be obligated to reimburse your attorney for the time spent on your case to the date of your firing. But then again, you may not. It may be an issue to be worked out between your old attorney and your new one. In that case, it's not your problem. Depends on your agreement. Read it. As far as your medical bills go, you need to read your insurance policy. If you do not understand it, call your insurance agent and ask them to explain your policy to you. Do you also carry health insurance? They may pay what the auto insurer won't pay. Another option would be to contact your medical providers and tell them there is not enough money to go around and ask them to settle for a percentage of the outstanding balance.

Keep in mind, you "hired" the attorney, so technically, he works for you. Good luck.
 

spawn_x

Member
impact at 70mph is different than going on the freeway at 70 and being rear ended by a guy who is doing 80, in that case its only a 10mph impact.

i garantee you, you get a head on impact at 70mph with a vehicle coming at you at the same speed BOTH of you will be toast.

Also, you said "at 190mph into a wall". Into a wall eh? Do you mean head on? No.

Try 190mph head on, NO CAGE in the world will save you bud, and 190 and sideways into a wall isn't really a 190mph impact.

dummy.
 

CMSC

Senior Member
I did not say anything about minimal damage, my friends car was smashed to no end, it looked like a pile of rubbage! I was telling spawnX that he was incorrect to assume someone hit at 65 mph would be dead! That was incorrect.

Got a problem with that?
 
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smorr

Member
Spawn-x - where do you see the words "190mph into a wall"...???!!! I just looked through this entire thread and didn't see it. And I don't see where it would matter if it's head on or sideways or even upside down! 190mph is 190mph, period!

I think I understand your reasoning on the 70 vs. 80 being only 10mph difference. But think of this... If someone doing 80mph did hit someone in front of him doing 70mph, both cars would most likely still go out of control, causing a catastrophic accident if they're in enough traffic driving around them. Even professional stunt drivers have their bad days! Stranger things have happened - even rollovers have happened at much lesser speeds.

So, as far as I'm concerned - if it's your time to go - it doesn't matter what you're doing - driving a car or whatever. If you're meant to live that day, you'll beat incredible odds, like it seems many people have done here .....but that doesn't say I believe it all...
 

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