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Auto Accident Dismissed With Prejudice

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C

Cherokee4

Guest
Here in California! My Attorney told me I was only getting a $4,000 settlement on an auto accident (to be divided into 3- 1/3 to atty, 1/3 to dr.'s, and last 1/3 to me). I thought that was kind of low. He wanted me to sign the release. I said that I would take it home and look at it. Meanwhile he went ahead and dismissed my case with prejudice. He claims I orally gave him permission to do that. Now I tell him to put down in writing what he did, and I can't get a response out of him. Case dismissed 9/18/02. I have been told I may be able to have it re-opened, but that I may only have 60 days (11/18/02). Meanwhile, the case is monetarily not significant enough for me to get another attorney. In Calif., Can I get this bloody thing re-opened?
Thanks

Frank
 


stephenk

Senior Member
what do you think your case is worth and why?

reason i am asking has to do with whether it is worth re-opening.
 
C

Cherokee4

Guest
Follow Up

Well, as a general rule, I have been told by some of my other attorney friends that it is "worth" about $9,000. However, there is no attorney that can "predict" what a jury would have given me, which in limited civil could have been $25,000. So that right to appear before a jury, at this point and as far as I'm concerned, has been stolen from me. I get upset when some people deny the rights of others because they have a JD; like the degree supercedes the blood that has been shed for those rights. I apologize...I'm gettin' off. but in reality, my attorney and the insurance agent probably "snorted" $5,000 on the side, and then came to me and offered the $4,000 because, afterall, I'm an idiot. So what is it worth and why? That is a really good question.
Tick Tock Tick Tock!
Thanks for your interest!

Frank
 
C

Cherokee4

Guest
Follow Up to my Follow Up

Total medical was $3,500 chiropractic soft-tissue. I did get my bell rung, so it is not ALL BS.

PI, as general rule = 3 x's Meds

Thanks

Frank
 

stephenk

Senior Member
typically the case is not dismissed until after the release is signed and the check has been sent by the carrier.

tell your attorney to file a motion to set aside the dismissal ASAP. put the request in writing and also mention that you never gave him permission to dismiss the case. save a copy of the letter.

if he refuses, you can file a complaint with the state bar. you can also find another attorney. you can also ask your attorney for the name of his errors and omission liability carrier so you can file a claim. he may just agree to waive his fees and you can settle for the 4k.
 

stephenk

Senior Member
the old 3x meds went out when Reagan was president. much depends on who the chiropractor is, if the chiro records are credible, and also on who your attorney is. Insurance companies look at all of that in determining a settlement offer.

I know its not your fault if you happen to hook up with an attorney that is considered "suspect" by insurance companies or if the chiropractor has a questionable billing history.

if the chiro was referred to you by your attorney, the chiro will most likely reduce the bill. That's obvious because your attorney told you the chiro would take 1/3 of a 4k settlement, which is much less than what the chiro billed.

From your belief on what you think the case is worth, you were expecting to walk away with about 3k, right? Times are tough and juries are getting stingy especially with soft tissue claims with a few months of chiro treatment.

3,500 chiro bill, good recovery, minimal or no loss of earnings, may have a total value of about 6k tops.
 
C

Cherokee4

Guest
First of all...Thank You

For your response...

Oddly enough, in this case, the check was sent to my attorney's office, also prior to a release being signed. Another agent ( a different one than handled my case) at the insurance company told me today that their normal policy was to send out the check after the release was signed, but that in this case there was apparently an exception made, for some reason.

An attorney (B) acquaintance (isn't charging me anything), more or LESS, called and mentioned to my original attorney (A) the approach you suggested. stating I should walk w/ the $4,000, because in B's opinion, he didn't think a judge would realistically set aside the dismissal in a case this size and would only tell me that my only recourse would be against attorney A. However, I know a few attorneys, and have got different responses from just about each of them on the "set-asideability" (and the time frame for doing so). Additionally, my original attorney stood firm stating that there was some sort of oral release agreement (though I walked out of his office with the Release Draft in my hand to review), and that if I thought he did something wrong, I could go to the bar. If I ACTUALLY did, I presume he would THEN fix whatever he's screwed up. Or he would claim my inaction, at this point, has caused an irreversable consequence. He has apparently given me a low offer. denied my right to find another attorney (because of the amount involved and any smoke screens he's additionally thrown up), and denied my right to a jury. We checked and he was disciplined by the bar before (albeit 20 yrs prior), so I would imagine that if he's still screwing clients, he's REAL careful. I guess, like you said, I will write him another letter ASAP.

Just as a side, in reviewing the paperwork...when he filed the case he named only the driver as a defendant, not her employer. My name was misspelled all over the court records and he filed my case with the wrong courthouse! I wonder if there is another case out there relating to this accident. I should warn you that, ever since I received my CPA license I keep bumping into white collar crooks. What is difficult is that, first of all, I am never looking for them...they seem to find me! Then to top it off, I just can't stand white collar crime when our society seems so quick to point to WELFARE and "BUMS" as America's societal cancers...OK, I'll stop...you really don't deserve my ranting as you have been so obliging to offer your assistance.
As you suggested, I will write another letter! Any other recommendations you may have will be greatly appreciated.
 

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