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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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.
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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.
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.
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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