Refuse settlement
My father was in a nursing home and so abused and neglected, bed sores, numurous fractures from falls, nurses sleeping on the job, this is only a partial list of abuse that occured. The settlement, lets say was 200,000. My lawyer gets 110,000 and I get 25,000 because there are 3 other siblings. My siblings never saw my father once, during his stay at this home. The emotional pain and scars that I live with everyday cannot even be put in words. My question is , I want to tell my lawyer to refuse the settlement, no trial, forget this even happened. For 4 strangers (lawyer and 3 siblings) to prosper from my father's abuse, while I went everyday to that home, is not justice. Now I know he could probably file suit against me, but I have nothing. My main concern is, could I go to jail?
Additional information
This situation is only getting worst, on the closing statement there is a charge for 21,0000 to another attorney, when I asked him what this was about he told me it is a referral fee. The original attorney I contacted had too many cases but he said I have a friend who could help you, I'll have him call you. They make a deal, so there goes another 21,000. I was already angry that he was taking over 50% , which is not what we agreeed to in the beginning, and it isn't going to stop here. He is waiting for me to sign the closing statement. Watching my father suffer and what they did to him and now to have this attorney strip me of everything is too much to bare. I need a honest lawyer to tell me what to do, this has to end, I can't take much more of this. My father is in heaven now, safe where no one can hurt him, I wish I was with him.
Attorney answers (3)
Andrew Daniel Myers
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in North Andover, MA.
Take a deep breath and think about it. Part of the reason for settlements is not just to compensate those who have suffered a loss, which I know is the part of this that you are angry about. The other reason for settlement is to make the negligent party take notice of the wrong that they have committed and be accountable.
I am very tired of hearing people blame attorneys and litigants for being "suit happy" when there is so much real abuse, as there was in your father's case. In this case, apparently, even the nursing home's own attorneys and/or insurance company have understood that and come to the table and offered a settlement.
Nothing in the world can bring back your father.
Try putting the whole herrendous situation out of your mind for a few days, then come back to it and re think it. The nursing home's wrong should not go un noticed. Don't walk away from it and let them off the hook so easily.
A final factor is that juries have been very much poisoned by anti-attorney sentiment. And, especially in the difficult economic times that we are in right now, jury verdicts in plaintiff's cases are generally down. So, a settlement is not a bad thing.
Think about it.
Best wishes.
Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.ge claims.
1 person marked this answer as good
Randall Richard Walton
Reputation Level 7
Answered over 2 years ago.
Nursing Home Abuse / Neglect Lawyer in San Diego, CA.
The other attorneys here have given you excellent insights, but let me add another. Under California law, your siblings are required to participate in the suit, whether they like it or not. As mentioned, that doesn't automatically mean they are entitled to a greater share of any settlement. That issue can be resolved separately.
As to your attorney's fees, if it is true that he/she would be entitled to $110,000 of a $200,000 settlement under your fee contract, that constitutes a 55% contingency fee, which in California is probably excessive. Ultimately, though, I wouldn't just walk away. By pursing the matter you are sending a message to the nursing home that neglectful care will not be tolerated, which may help protect other residents.
Good luck to you.
1 person marked this answer as good
Brian Richard Dinday
Reputation Level 16
Answered over 2 years ago.
Criminal Defense Attorney in San Rafael, CA.
Since you and your siblings are getting this settlement, I have to assume it was a wrongful death suit. What I think it your real complaint is that the sibs did nothing for mom and sit back while you bear the burden of the lawsuit like you bore the burden of caring for mom, and they collect as much as you. Well, refusing the settlement does not address your concern. These are two different issues.
Here's some news for you. There is no law that says your sibs have to get shares of the settlement equal to yours. Since your main complaint seems to be with the shares, why not agree to the settlement, but preserve your position that they are not entitled to equal shares. Put the matter of the shares before a judge and see if the court agrees with you that they do not deserve equal shares. I suspect a judge would not think they ARE entitled to equal shares. Talk to the lawyer about preserving your claim to more than a 1/3 share and if he/she is not willing to do so, consult another lawyer on your own and see if that lawyer can help you. But don't refuse the settlement. The nursing home deserves to pay; you deserve some compensation and everyone deserves to find out how a judge sees your entitlements to the settlement. Good luck.
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