lawyer malpractice
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Posted about 1 year ago in Ethics / Professional Responsibility
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I was recently involved in a motorcycle accident involving another vehicle,who was at fault.My lawyers did not sue the at fault drivers insurance company claiming the driver could file for bankrupt.The lawyer encouraged me to take the settlement which would pay my hospital bills,leaving me with a small sum for myself.After settling I discovered the lawyers had failed to handle all of my hospital bills before sending me my settlement check leaving ten thousand dollars to be paid by me.the lawyer claimed he had negotiated a reduction with the hospital.Somehow my second surgery costs were excluded from the reduced rate.When I spoke with my lawyer he told me I was responsible for the leftover bills.I tried to speak with the guilty parties insurance company to see if the settlement amount was correct.They told me it was confidential info between them and my lawyers.This was in NC.Did I get hoo dooed?If so what is the appropriate action to take?
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Answers (3)Lawrence Neil Rogak
This attorney is licensed in Colorado and 1 other state.
Posted about 1 year ago.
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From what you say, it certainly sounds like another lawyer should take a look at the case and see what happened. Find an experienced personal injury attorney in North Carolina, either here on Avvo or by looking up your county's Bar Association, and make an appointment to have a lawyer review your entire file to see whether or not your first attorney properly protected your interests.
Paul D Friedman
This attorney is licensed in Arizona and 2 other states.
Posted about 1 year ago.
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Generally, an attorney who represents a personal injury client may owe a duty to both the client as well as the lienholder. Based upon the facts, it sounds as if this attorney may have failed both duties.
The attorney needs to competently represent the client and knew of the lien by the hospital. The attorney had a responsibility to negotiate the full lien and receive a lien release. The failure to do so jeopardized the financial interests of the client. I suggest you contact the attorney or the State Bar of North Carolina. John Michael Phillips
This attorney is licensed in Alabama and 2 other states.
Posted about 1 year ago.
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I agree with both of the above responses. You present some issues of possible malpractice and I'd speak to another lawyer about it and possible the state Bar.
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