Case Mishandled

New Jersey-

I was in an auto accident six years ago, the case finally
settled in 2/2000. The settlement I agreed to with my
attorney was that ALL of my medical expenses were to be
paid separate from the financial settlement of the case (which wasn't all that much especially after the
attorney took his share).

Over the course of the five years that the case went on my attorney constantly reassured me that all medical expenses would be covered in the settlement and that I would not have to worry about paying any medical bills myself.

I was going to a chiropractor that the attorney sent me to for about 9 months. Before I began treatment my lawyer had
the chiropractor sign an agreement (I don't remember what
it was called) that the dr. would receive payment for
services rendered when the case settled.

When the case settled my fiancee and I went to my
attorney's office to sign go over the settlement and sign
the check from the other party over so he could deposit it and pay my share after his fees were removed. At that time
We again asked him to confirm that all of the medical bills
had been paid, he said yes they have and that this check
is separate from the medical settlement.

Well all of a sudden eight months after the case had settled I receive a call from the attorney who said that he forgot to include $1100.00 of the medical fees of the chiropractor in the settlement and so now 'I' have to pay the bill off because the chiropractor is calling him for the money. I replied that he told me all the medical bills were paid and I didn't have to worry about them because they were settled in the case.

He said "well I forgot to include the $1100.00 which was part of the insurance copay and I shouldn't have given you the cash settlement amount that I you received, so now you are responsible for the bill".

Now the chiropractor is attempting to sue me for the money,
what can I do? What is the responsibility of my former
attorney who badly misrepresented himself to me and was
negligent in my case? and what can I do to hold him (the
attorney) responsible as well as defend myself in court
against the chiropractor? Especially since I cannot afford
another attorney and legal services will not help me.



[Edited by Angelbear on 02-21-2001 at 04:30 PM]

Dear Angelbear;

It is common for a physician/chiropractor/dentist, etc., to be paid out of the settlement once it is reached. If your insurance paid for your medical expenses, it's likely you would have to reimburse them from the settlement.

Your attorney should have made this more clear, and, by failing to do so, he has acted negligently.

You may consider contacting the State Bar and filing a complaint against him. Also, you can take him to court in small claims and represent yourself.

Hope this helps!

Pam