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How to withdraw a medical release i signed

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klink35

Active Member
Please provide the case law you have referred to.
Sharp v. Preferred risk mutual insurance company, garbo v. Auto-owners insurance company, Douglass v. Allstate insurance company both v. Auto-owners insurance company, johnson v. Wausau insurance company, viconti v. Detroit automobile inter-insurance exchange, van mater v. American fidelity fire insurance company
 

klink35

Active Member
Sharp v. Preferred risk mutual insurance company, garbo v. Auto-owners insurance company, Douglass v. Allstate insurance company both v. Auto-owners insurance company, johnson v. Wausau insurance company, viconti v. Detroit automobile inter-insurance exchange, van mater v. American fidelity fire insurance company
Sorry the one says both I meant booth
 

quincy

Senior Member
He kept me in the dark about both releases and because of that I couldn't make a logical decision on either of them
You potentially could have a future complaint to consider against your attorney - but my recommendation for now is to make an appointment to speak to him again to find out what his reasons are for thinking the settlement as structured is a reasonable one.

What do you think Sharp v. Preferred Risk and the other cases show?
 

klink35

Active Member
You potentially could have a future complaint to consider against your attorney - but my recommendation for now is to make an appointment to speak to him again to find out what his reasons are for thinking the settlement as structured is a reasonable one.

What do you think Sharp v. Preferred Risk and the other cases show?
I think they show that a family member who is doing the services are to be compensated fairly for said services even though they are not licensed service providers. I read in one of that exact thing.
Like I said I didn't put 20.00 an hour or day on the sheets the attorney provided then to me with that already stamped on there. I would've never told my mom she was getting 20.00 if I didn't believe she was
 

klink35

Active Member
I think they show that a family member who is doing the services are to be compensated fairly for said services even though they are not licensed service providers. I read in one of that exact thing.
Like I said I didn't put 20.00 an hour or day on the sheets the attorney provided then to me with that already stamped on there. I would've never told my mom she was getting 20.00 if I didn't believe she was
When I brought up the 20.00 thing to my attorney he said they put the maximum allowed but the insurance company goes more along the line of 12.00. At this point my mom gets 6.50 per day/hour
 

klink35

Active Member
Why is my attorney wanting me to send this release back if it's not needed? If the insurance company doesn't need this one because I signed the one at mediation then why do they want it returned signed?
 

quincy

Senior Member
Why is my attorney wanting me to send this release back if it's not needed? If the insurance company doesn't need this one because I signed the one at mediation then why do they want it returned signed?
That is a very good question for your attorney.
 

klink35

Active Member
Well my attorney has been bugging me to send it back until I began to argue with him about the amount he says I'm getting and withdrawing from the release, then he tells me I can't withdraw the release.
 

klink35

Active Member
I just read the attendant and household services statements and at the bottom it says my mom is to be compensated by me. Now if my attorney was working for me he should've made it clear at the mediation that I was to pay my mom the 17k, that would've changed everything. The other attorney for the insurance company was in a rush to go to lunch and wanted to get the mediation over with. What a crock of ----.
 

quincy

Senior Member
I just read the attendant and household services statements and at the bottom it says my mom is to be compensated by me. Now if my attorney was working for me he should've made it clear at the mediation that I was to pay my mom the 17k, that would've changed everything. The other attorney for the insurance company was in a rush to go to lunch and wanted to get the mediation over with. What a crock of ----.
That you would be compensating your mother out of the settlement amount makes sense.
 

klink35

Active Member
It doesn't say out of the settlement. It just says that the I the injured person would pay the service provider. Which when we were at the mediation for medical which this is part of medical my attorney didn't let me know that we were negotiating for my moms payment
 

klink35

Active Member
And why did they put a dollar amount on the paper if I was paying for her services? I could've told my mom she gets 12.00 not 20. By them putting a dollar amount on there I was under the belief that the insurance was paying her. And when we was at mediation and asked my attorney about the dollar amount on the paper he said they do that so the insurance company can lower it down to 12.00 which is what he said generally is what they pay. Again he made me think the insurance was paying her not me. He could've said that I'm responsible to pay me mom then and I would've not agreed to the proposed settlement on medical
 

quincy

Senior Member
It doesn't say out of the settlement. It just says that the I the injured person would pay the service provider. Which when we were at the mediation for medical which this is part of medical my attorney didn't let me know that we were negotiating for my moms payment
Your attorney should have made it clear to you that you were negotiating for the amount that would cover the at-home care provided by your mom.

The problem you face is that you signed the release. Depending on all facts but based solely on what you have said, the medical release you signed during mediation is likely to be found legally binding.

Discuss this with your lawyer.
 

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