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Need a lawyer for arbitration? how that works?

Seattle, WA |

I was in a car accident and hired a lawyer. Now I found out he is looking for the best interest of the chiropractor than mine. He also told me to have a neuro evaluation and he was responsible for that payment and now after the settlement he is charging me that. Lawyer and chiropractor are the worse scumbags and I am not the only case they have. So I decided to do arbitration. can he hold the settlement until arbitration is done? I did almost all the work, he never contacted my doctors, and wants to charge me for copies requested too.

Attorney Answers 6

Posted

You are normally the one responsible for your medical treatment. Your attorney is not your health insurance company. You are normally responsible for copies of your records and bills. There probably would not be any settlement money if you are going to arbitration. You are trying to settle it in arbitration. Employment contract should spell out your agreement.

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Asker

Posted

I understand he is not my health Insurance. I was already at 20K on medical bills, which 12K where from his chiropractor friend, so I stopped medical treatment, until I knew what was going on. Then I called him, because he NEVER called me and told me to have this done and he was responsible for that, now he said he never said that. during our last conversation he was giving more advise to the chiro over the phone while I was there thab what i got the whole time.

Randy William Ferguson

Randy William Ferguson

Posted

That is very high in my jurisdiction for a chiro bills. At some point, whatever that is, they are ruining your case. I do not understand why attorneys often do not return calls. That is probably the first sign you need to change attorneys. You probably now have a lien for $12,00.00 in chiro blls. Read your contract. I see this all the time. Soft tissue, over treatment by chiro, and the client getting stuck. Good luck.

Posted

I suspect that your attorney/client contract states that your attorney will forward expenses, but you will be required to reimburse those expenses if and when there is a recovery. I also suspect that your chiropractor filed a medical lien for reimbursement on your file, and you your lawyer may be required to pay that lien. While I understand your frustration, it sounds like your attorney helped you to get the treatment you needed, obtained money for you, and is concerned that your liens be properly satisfied. I suggest you talk to your attorney and discuss any charges or expense you feel are unfair. Good communication is the best remedy to resolution.

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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Asker

Posted

Thank you, and I wish we could talk, but its hard to talk to a lawyer whos priority is his Chiropractor friend.

Posted

Read your contingency fee contract very carefully. It should tell you which expenses you are responsible for paying.

Another option would be to consult with another personal injury lawyer to review your case. I think this option would give you peace of mind.

That said, I usually advocate that clients try to work with their lawyer to resolve their differences. If you feel that is n ot possible, then consulting with another lawyer for a second opinion may be of value. Good luck.

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Asker

Posted

Thank you, and I will.

Posted

Have your lawyer negotiate all bills down to 5-10 cents on the dollar.

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Steven D. Weier

Steven D. Weier

Posted

In Washington, 5-10 cents on the dollar may not be reasonable. Moreover, just because a lawyer asks the Chiropractor to reduce his bills, that doesn't mean the chiropractor will agree to do so. Suggesting such a reduction in bills puts the reader in a position of potentially unreasonable expectations. It might be reasonable to suggest negotiating the outstanding bills, but giving a percentage like 5% could be misleading. There are other areas that have potential for negotiations, such as with the PIP carrier, Health Insurance carrier, etc. And of course, although we don't like to entertain it, attorneys' fees and costs are often negotiable.

Posted

Revoking your settlement is difficult. If you signed a settlement release, you are pretty much stuck. If no settlement release was signed, you may be able to go back to the negotiating table, although your lawyer will be undermined in his ability to negotiate if you rescind the settlement.

It sounds like your issues surround the payment of costs on the case. You should have been advised of the costs in the case prior to accepting a settlement.

Did you agree to a specific settlement amount? Or did you agree to accept a certain amount in your pocket at the time of settlement.

My suggestion is that you set up a meeting with your lawyer to discuss the proposed settlement and discuss the issues you have regarding the costs involved.

Chances are, you would not have gotten as good a settlement without the neuro evaluation. In addition, YOU were the one who was treated by the chiropractor. YOU certainly have the authority and the ability to discuss you bills with the chiropractor.

Arbitration, in my mind, is not a good course of action. You will be adding months (if not years) to the case, and the outcome is not guaranteed. You may end up with LESS in your pocket following an arbitrtion.

Write down your questions and concerns. Make an appointment to sit down with your lawyer to discuss your issues. BE OPEN MINDED. You may not hear what you want to hear, but get explanations.

Good luck.

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Lee Tucker

Lee Tucker

Posted

Great advice Steve.

Posted

It looks like there has been a "breakdown" in communications between yourself and your attorney. I believe it would be in your best interest to retain counsel that will zealously represent you and your interests. I am only licensed in the State of Nevada, but I still strongly suggest you seek local counsel, even if it is for an initial consultation evaluation. Good luck.

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