Lying lawyer cost me thousands of $$$ in medical bills

[brat2417]

What is the name of your state (only U.S. law)? Illinois

I was hit by a car on my motorcycle last year...I almost lost my left leg, and the woman at fault was under-insured. claim went through my medical insurance. there was no medical claim filed, though she had $5000 in medical on her auto insurance. i was told by my lawyer my only option was to settle.

The lawyer settled with my health insur. co., who wanted to recover about $300,000., for $33,333. I asked specifically "will I have to come out of pocket for any other medical fees? Does this include my copays and deductibles for all services related to this accident, past present, and future? I'm still in PT...you are positive I will not have to pay anything more out of pocket for any medical treatments of any kind related to this accident?"

My lawyer flat out lied to me. I was very clearly told to cross out the paragraph in my 1st settlement letter stating that I am responsible for any future medical related payments, because this settlement covered all copays, deductibles, etc. for services rendered past present and future. I am now in collections for thousands of dollars, what can I do? My lawyer settled with my insurance company without my consent...I never signed the final settlement letter. The owner of the firm gave me the runaround for months...every time I called, he had people tell me "we are working on it, keep sending the bills". The head of the law firm avoided my calls for months, then calls from my father (who initiated the lawsuit b/c of my injuries). When my dad finally got him on the phone, he told my dad he sent me a letter regarding the situation. I got the letter a couple months later. The Lawyer blamed me for the "misunderstanding", citing the original agreement...that I signed while on morphine, fentanol patches, oxycoton, oxycodone, hepparin, provigil, adderol, desoxyn, and xyrem.

Now I'm in collections for thousands b/c the lawyer avoided me for so many months. What can I do? This was not a misunderstanding, I know what I asked him!!! I would never have signed any settlement while continuing treatment if I had any idea I would have to pay more out of pocket. I didn't hit me!!! My leg is deformed for the rest of my life, I'll never where a skirt or dress again! Some days I can barely walk! Is there anything I can do?What is the name of your state (only U.S. law)?

[Dandy Don]

Talk to other personal injury attorneys to help you figure out your options about whether you should file malpractice or take some other action against him. It's obvious that he settled your case too cheaply--were you ever sent any money? What type of contract or fee agreement did you make with him?

Also need to look up your state bar association's website and run his name to see if there is a history of other complaints against him.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[las365]

I agree that you should seek a consultation with a different lawyer to help you understand what happened with the settlement of your case and your health insurer's subrogation claim. I think it sounds as if the communication from your attorney was very poor. If your case was settled without your consent, that is a serious problem.

I strongly disagree with

It's obvious that he settled your case too cheaply

A lawyer can't get what isn;t there. It sounds as if the liable party's insurance coverage was inadequate to cover the damages and she didn't have personal wealth to go after for more.

This is an issue of subrogation - the insurance carrier recouping its costs for your care from your settlement. Generally, the settlement of a subrogation lien for money the carrier has already paid does not impact the cost of future care.

Texas used to have what was known as the "Made Whole" Doctrine, meaning that if the amount you were able to recover in settlement was inadequate to compensate you for your losses, the health insurance carrier could not take your settlement. That is no longer the case.