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Should I Let It Go To An Interpleader???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

onegizmo4u

Junior Member
STATE IS NEVADA :confused:
BACKGROUND......VERY IMPORTANT!!!
I LIVE IN LAS VEGAS NEVADA, THREE YEARS AGO I WAS HIT BY A NON-OBSERVENT DRIVER WHILE I WAS DRIVING MY MOTORCYCLE, ONLY HAD IT 6 MONTHS, FIRST BIKE, JUST TURNED 18 AT THE TIME. THE RESULTING ACCIDENT RIPPED OFF MY RIGHT LEG RIGHT ABOVE THE KNEE. I WAS ON WRESTLING TEAM GOING TO COLLEGE TO WRESTLE, ALSO ON THE DIVE TEAM AND DOING WELL ON IT. I WAS STILL LIVING WITH PARENT. HIRED AN ATTORNEY WHO CAME TO SEE ME WHILE IN HOSPITAL. I WAS IN HOSPITAL FOR 7 DAYS, SIGNED RETAINER DAY OR TWO LATER. 6 DAYS AFTER LEAVING HOSPITAL HE CAME TO MY HOUSE WHILE FATHER WAS AT WORK TOLD ME THAT I NEEDED TO SIGN THIS RELEASE, IT WAS FOR THE GUYS FULL INSURANCE AMOUNT OF $100,000, HE SAID THERE WAS NO MONEY ANYWHERE ELSE ONLY THING I COULD GET, SO I DID . DAD GOT HOME 30 MIN AFTER ATTORNEY LEFT, SAID I NEVER SHOULD HAVE SIGNED IT, CALLED ATTORNEY AND SAID THAT WE DID NOT WANT TO SIGN THE RELEASE AND TO NOT DO ANYTHING WITH THE RELEASE, HE SAID OK HE WOULD HOLD IT. HE LIED AND SENT IT THROUGH ANYWAY. I NEVER SIGNED THE CHECK WHEN IT CAME IN AND I WOULD NOT SIGN THE RELEASE FROM MY OWN UNINSURED MOTORIST CLAIM OF $15,000 EITHER, LET ALONE ANY THING ELSE FROM HIS OFFICE.

NOW...
IT IS 3 YEARS LATER, I HAVE TO WEAR A PROSTHETIC LEG TO EVEN BEGIN TO HAVE A NORMAL LIFE AND THEY ARE ONLY DESIGNED TO LAST FOR ABOUT 3 YEARS AND AT A COST OF ABOUT $30,000 THEY ARE FAR FROM AFFORDABLE FOR SOMEONE THAT CAN BARELY WORK AS IT IS. WE STILL HAVE NOT SETTLED OR SIGNED ANYTHING ELSE AND MY HEALTHCARE PROVIDER AT THE TIME HAS A LEAN ON ME FOR THE $100,000 THAT THEY PAID OUT IN MEDICAL BILLS. THE INSURANCE COMPANY HAS SAID THAT THEY WILL TAKE $20,000 AND MY ATTORNEY WILL TAKE $25,000 INSTEAD OF THE ORIGINAL 33% THAT I SIGNED THE RETAINER FOR. I HAVE BEEN SENT A FINAL RELEASE WITH ALL OF THIS INFO WHICH SAYS THAT I WILL GET WHAT IS LEFT OVER FROM THE $115,000 AFTER BOTH INSURANCE COMPANY AND ATTORNEY GET THEIR MONEY.

SHOULD I LET IT GO TO AN INTERPLEADER...?
ATTORNEY SCREWED ME BY HAVING ME SIGN A RELEASE ONLY 6 DAYS AFTER BEING OUT OF THE HOSPITAL FROM HAVING MY LEG COMPLETELY RIPPED OFF FROM RIGHT ABOVE THE KNEE AND NOW SAYS THAT HE IS JUST GOING TO ENTER THE ENTIRE AMOUNT INTO AN INTERPLEADER ON 9/20/05 IF I DO NOT SIGN THIS RELEASE AND TAKE THE DEAL. WHAT WILL I BE BETTER OFF DOING? WILL THE COURTS SEE THAT I LOST A MAJOR LIMB AND AWARD ME ALL OF THE MONEY OR WILL THEY HONOR THE ATTORNEY'S ORIGINAL CONTRACT OF 33% AND GIVE MORE MONEY BACK TO THE INSURANCE COMPANY AND LEAVE ME WITH NOTHING? I DO NOT KNOW WHAT TO DO, NO ATTORNEY IN VEGAS WILL TAKE A CASE AGAINST THIS ATTORNEY AND AND THE ONE THAT MIGHT WANTS $ JUST TO LOOK AT THE CASE WITH NO GUARANTEES OF EVEN TAKING IT. I DO NOT KNOW WHAT TO DO, ANYONE THAT CAN HELP WITH SOME ADVICE WOULD BE GREATLY APPRECIATED. THANK YOU,
EE
 


stephenk

Senior Member
I don't understand what you are asking. Other than the 100K policy and your own 15k insurance, what more did you want? Are you also asking that you want to keep all of the 115k?
 

shortbus

Member
I'd say that's a pretty good deal -- your insurer is willing to settle a $100K lien for $20K, and your attorney is willing to take 25% when he's entitled to 1/3.

Why are you so fighting this? The attorney's job was to get you the best settlement possible. He did this. Your only chance in court is to argue that you were forced to sign the agreement under duress -- very hard to prove. The court is not going to rule that you don't have to honor the contract just because you lost a leg.
 

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