Luv one - lost

[Northside]

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

I'M HAVING PROBLEMS TRUSTING THE ADVICE OF MY ATTORNEY. SOMETHING DOESN'T FEEL RIGHT AT TIMES....

MY BROTHER'S AND I ARE FILING A WRONGFUL DEATH SUIT ON BEHALF OF MY FATHER AND WHERE DAYS AWAY FROM THE SETTLEMENT CONFERENCE AND MONTHS AWAY FROM TRIAL. UP TO THIS POINT I CAN'T SEEM TO GET A STRAIGHT ANSWER FROM MY ATTORNEY AS TO WHAT HE VALUES OUR CASE AS.

HE NEVER ANSWER THE QUESTION, INSTEAD HE ASK ME WHAT I THINK IS A GOOD OFFER AND WHEN I RESPOND HE ONLY DISSAGREES AND ACCUSES ME OF WISHING ON SOME PIE IN THE SKY RETIREMENT. "PIE IN THE SKY?" MY FATHER DIED, I'M JUST TRYING TO GET THE BEST OFFER POSSIBLE FOR MY AND BROTHER'S...

WE RECEIVED A FEW OFFERS THAT WHERE OBVIOUSLY DIMINISHED BY THE MEDICAL COST OWED AND ATTORNEY FEES. MY ATTORNEY NEVER OFFERS ANY ADVICE ABOUT ACCEPTING THE LOW OFFERS. HE JUST PRESENT IT TO US AND NOTHING MORE.

MY FATHER'S MEDICAL BILLS ALONE ARE OVER 2MILLION DOLLARS, BUT MY ATTORNEY SAY WE ARE NOT ALLOWED TO SUE FOR THIS AMOUNT BECAUSE ,"WE CAN ONLY RECOVER FOR THE AMOUNT OF MEDICALS THAT WERE ACTUALLY PAID." EVENTHOUGH HE STATED THIS AMOUNT IN THE LETTER OF DEMAND,(WHICH I'VE REQUESTED A COPY OFF SEVERAL TIMES AND STILL HAVE NOT RECEIVED IT)
THIS DOSN'T MAKE SINCE TO ME? I KNOW FOR A FACT THE THE MEDICAL BILLS ARE JUST A PARTOF WHAT WE HAVE A RIGHT TO SUE FOR YET HE'S NOT WILLING TO ASK FOR ANYTHING MORE THAN THE "SOLE" HOSPITAL POLICY.

THE LAST OFFER WE RECEIVED HE IS NOW SAYING THAT IT'S NOT AND OFFER, "WHAT", SOMETHING ABOUT WHEN WE GO TO THE SETTLEMENT HEARING THAT WILL BE THE OFFER. NOW TO ME THE ONLY DIFFERENCE HERE IS THAT THIS OFFER WASN'T IN WRITTING, BUT A FEW MONTHS AGO WHEN HE CONTACTED ME ABOUT THIS "NEW OFFER AND GOOD NEWS" WE DISCUSSED THE TIME FRAME AS TO IF I ACCEPTED IT HE SAID I WOULD HAVE A CHECK IN MY HAD IN ABOUT TWO MONTHS? BUT NOW IT'S NOT AN OFFER SO THE LAST OFFER IS WHAT STANDS, BECAUSE THAT'S IN WRITING.... ADVICE... ADVICE...

[ecmst12]

Advice: Turn off caps lock, if you want people to be able to read your post.

[lealea1005]

I'm sorry for your loss.
I agree...on both counts: Turn off your caps, and you're looking for "pie in the sky".

[ecmst12]

Also, how old was your father, and what was his health like prior to the events leading up to his death? What makes wrongful death suits worth a lot of money is the earning potential of a younger person, and/or loss of support for someone with a family. The older/sicker he was before all this happened, the less the case is worth. 'But he's my dad and I love him' isn't much of a legal argument.

[Northside]

Originally Posted by lealea1005

I'm sorry for your loss.
I agree...on both counts: Turn off your caps, and you're looking for "pie in the sky".

Well, I know for a fact that I'm not looking for a"Pie in the Sky" and If you could read my thoughts you would know that too... Simply, I find that comment unprofessional from an attorney client standpoint and unnecessary. Lawsuits compensation noramlly result in rightfully recovering some type of monetary payment and so I'm paying attention to my legal business as best I can. My father suffered an unnecessary death, because hospital employees wheren't up to there jobs and than inflicted further damage for which he coed and died.

The "Pie in the Sky" remark from the attorney was in response to him asking me what I think the case was worth. My family and I have a right to this information and he's reluctanct to say, which is way I'm researching to find out what I need to know to make the best informed decision interms of excepting an fair offer.

I found that lawsuits are negotiated from the base of the medical expenses and injuries. Am I wrong?

[Northside]

Originally Posted by ecmst12

Also, how old was your father, and what was his health like prior to the events leading up to his death? What makes wrongful death suits worth a lot of money is the earning potential of a younger person, and/or loss of support for someone with a family. The older/sicker he was before all this happened, the less the case is worth. 'But he's my dad and I love him' isn't much of a legal argument.

My father was 62 and recently diagnosis with high blood pressure. He was also recently retired (with pension), living with and supporting my mother. He was otherwise in great health. He stood tall, was involved in daily activities (cook outs and all).

I'm just trying to make sure I'm paying attention to what's going on since my family has made me the focal point person to deal with our legal business. I want to make the best informed decision and how can I if I don't have a fair understanding of what I should perceive as being a good settlement offer. My attorney is offering no clues to any amounts just what the insurance company is stating what they'll pay.

I just want to know what he feels the case is worth so that I'd be prepared to accepting a fair offer? Shouldn't I be aware of what the case is worth? Do we not have the right to sue for the entire medicals or just the small portion which was paid?

[lealea1005]

Originally Posted by Northside

My father was 62 and recently diagnosis with high blood pressure. He was also recently retired (with pension), living with and supporting my mother. He was otherwise in great health. He stood tall, was involved in daily activities (cook outs and all).

I'm just trying to make sure I'm paying attention to what's going on since my family has made me the focal point person to deal with our legal business. I want to make the best informed decision and how can I if I don't have a fair understanding of what I should perceive as being a good settlement offer. My attorney is offering no clues to any amounts just what the insurance company is stating what they'll pay.

I just want to know what he feels the case is worth so that I'd be prepared to accepting a fair offer? Shouldn't I be aware of what the case is worth? Do we not have the right to sue for the entire medicals or just the small portion which was paid?

The answer is not simply black or white. How often did he see a Physician for physicals? Was he overweight? What was his previous medical history? Was he taking medication? What, initially, brought him to the hospital for treatment?

No one here can begin to tell you what a "case" is worth monetarily.

Again, I am sorry for your loss.

[ecmst12]

Medical expenses are only part of it. Damages are a lot more complex then that especially when dealing with a death. Lawyers are reluctant to give numbers because they don't want to mislead you. Plus, family members don't usually like to hear about how much money their loved one's life was worth, not in practical terms. If your mom will still be able to collect his pension, then the FINANCIAL damages are much less. Don't expect the settlement to be based on medical BILLS either, but on the amount that insurance paid out (and his out of pocket share). That's the true amount of the damages, everything else was written off.