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I had a slip and fall accident at a large department store and had to recevie 3 months of physical thearpy. The manager of the store took my information and cleaned up the large puddle of water. I had a laywer who poorly represnted me. Does anyone have any advice. Thanks
In other words, your lawyer wasn't able to get a settlement from the store? What is the current status?Quote:
Originally Posted by dontpassup
Quote:
Originally Posted by dontpassup
What did your Lawyer do - or not do - to poorly represent you?
I'm an accident investigator - slip and fall cases are not easy cases to win. I don't know which State you are in but in many States there has to be NOTICE of the dangerous condition and no attempt to REMEDY IT within a "reasonable period of time." The fact that there was a large puddle of water does not make the store automatically responsible.
Did you lose the lawsuit for your injuries or did your Attorney attempt to negotiate a settlement and that failed? If the settlement attempt(s) failed, you can always sue - in Small Claims Court or a higher Court, depending on your injuries/damages.
My laywer sent me to a physical therapist for 3 months and 6,400 in bills now I have to pay. I never spoke to the lawyer they had my info wrong saying I was in a car accident. I never could get through to speak with him. I am in Texas and I can't believe that a laywer would quickly take the case and then do nothing. They contacted Sams once then told me they would not negotiate. I shop there everyday for my restaurant and I am telling you they new that water was there. The manager and other employee were concerened with me and took my info and told me he was going to take care of me if anything was serious. I have researched this lawyer and I got ripped off by him.Quote:
Originally Posted by JudyKayTee
What to do.
Consult another attorney at once before too much time has elapsed. You do have medical bills that need paid and did sustain an injury so you have some damages here.
I would also strongly recommend contacting the store manager where the accident happened. Explain to them what happened and let them know that you need their assistance getting this all resolved. Sams (Wal-Mart) is generally VERY customer friendly about these things. They don't want to get sued or have bad press. I'll bet they'd get the ball rolling right away to get you and your bills taken care of.
Did you sign anything with the attorney? You may need to take steps to "fire" them from the case so they are not entitled to any settlement that you may receive.
Quote:
Originally Posted by dontpassup
I'm trying to figure out what happened here. Someone in the Lawyer's office sent you to a Physical Therapist (to the tune of $6,400)? Did you sign a retainer with the Attorney or did you speak to someone in the Attorney's office who said, "Well, what I would do is - "
Legally, an Attorney does not represent a person until the person signs a retainer agreement.
In many States it is illegal for an Attorney to refer you to a specific health care professional. In NYS Attorneys have actually been disbarred because some medical professionals work with Attorneys to booster cases - and they both got caught. An Attorney cannot refer you to, for example, a Physical Therapist. In order for the PT bills to be part of the loss/damage you must be referred by a Physician.
In my area the Attorney (or the person in his office who handles intake or new cases) would take the info and tell you to get treatment, have the medical profession send the Attorney's office the basic info, review the info, decide whether you have sufficient injuries to pursue the matter and then you would go into the office and sign the retainer. Without a signed retainer the Attorney cannot legally speak on your behalf nor can the Attorney be compensated.
Keep in mind I am speaking only about personal injury matters.
As far as your statement "I am telling you they new that water was there" you need more than that - you need legal proof in the form of disassociated (unbiased) witnesses, store incident reports, maintenance reports. I know what you are saying but knowing and proving are two different things.
I don't understand why MINIMALLY the store isn't paying your medical bills. That should be done without any other action being commenced if the PT was ordered by a Physician.
If you retained the Attorney and he/she did something he should not have done OR didn't do something he should have done (and I know this is confusing), by all means he should be reported to the Bar Association. However, if he/she was NOT retained OR did everything according to legal standards in your area, there is no "malpractice" (for lack of a less harsh term).
Attorneys are allowed to sign you up as a client, evaluate the matter and decide not to represent you - very often happens once a matter is investigated and there is no proof or there are insufficient injuries to bring a claim forward.
If you feel like posting more info - why didn't your own health insurance pay your bills and have they been submitted directly to the store?
You are right the manager knows me and is aware of the situation. I apreciate your advice. Thanks so much.Quote:
Originally Posted by rockinmommy
I should never have been talked into a attorney. They were so unprofessional and I have already reported them. I am going to communicate with Sams and see if they will take care of these bills. Thanks so Much.Quote:
Originally Posted by dontpassup
Quote:
Originally Posted by JudyKayTee
Yes, they told me to go to this specific therapist. I no what is going on here. I have spoke to someone who told me these 2 were working together. I will be submitting my bills to the store manager that was there when I fell and cleaned up all the water. He even took my info and gave me his card and cell #. I have learned a lot here. Thanks so much.
Quote:
Originally Posted by dontpassup
If you retained this Attorney and he/she has not been discharged you cannot legally take matters into your own hands. The Attorney must be discharged first. Formally discharged.
I still don't understand the chain of events and why your health insurance didn't pay these bills.
I did not sighn a retainer. The attorney quickly sent me to his Dr. and after 3 months being told not to miss a appt { which I did not} is then when I was told they spoke with Sams claims dept and was told they refuse to pay any medical bills. I have no Idea if they actually spoke to anyone however, the next day the attorney called me and told me they were off the case. It gets BETTER!Quote:
Originally Posted by dontpassup
I recevied a package yesterday from the attorney with all my Dr bills and info sent to sams that is really confusing. Originally, I sat down with the case worker and told them exactly what happen when I fell. They have me in a car accident. Also, falling because of people stocking the tuna isle. This is so screwed up. I can only tell you that I will never consult another attorny again once is it!!
Judy, do you know, or anyone...Quote:
Originally Posted by JudyKayTee
Can anyone formally discharge their attorney, and if so what's the process? Does the attorney have to "agree" or acknowledge that they've been dismissed?
I've often wondered about this.
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Originally Posted by rockinmommy
Depends on the case - yes, in most cases you simply write the Attorney, advise him/her he/she has been discharged and no longer has authority to represent you, request a final statement, pay it, arrange to pick up your file. If that Attorney is replaced by another Attorney, the second can take care of the discharge and transfer (with your signature) and take over the case with a lien for services/disbursements on the matter filed by the first Attorney.
If it is a contingency matter, when it is settled - by the client, by another Attorney - the first Attorney is still entitled to a percentage of the settlement.
In some cases - always in criminal, sometimes in family court - the Judge can refuse to allow an Attorney to be discharged until another Attorney is in his/her place - or else it would be an endless round of firing Attorneys and extending time frames.
- At least that's how it goes in NYS.
I have filed liens on cases where Attorneys have hired me, lost the case, not paid me, another Attorney has taken over.
If the Attorney wants to drop the client then the Attorney can either so advise the client or, depending on where it stands with the Court, petition the Court to be removed.
Quote:
Originally Posted by dontpassup
Who does the case worker work for?
I still don't understand why your health insurance isn't paying or why the PT saw you without a referral from a Physician - ?
Hello don't:Quote:
Originally Posted by dontpassup
Even though you've been burnt once, you still need an attorney. The good news here, is that you know exactly how a lawyer SHOULD be. Shop around. When you're shopping, speak to the actual lawyer. There are some who are really good.
I know you don't think you need another one... But, when you find out that Sam's ain't going to write you a check, and you find out that the Dr. is suing you for the bills you just racked up, you'll find one.
I wouldn't wait till then, however. I'd do it now. Plus, I wouldn't talk to Sam's AT ALL. If you do, you probably will RUIN any chance you have at beating them in court, then you'll be stuck with ALL the bills and you'll still be hurting.
Go find another attorney, TODAY.
excon
Quote:
Originally Posted by excon
I disagree. Sam's (Wal-Mart) should immediately contact their insurance company and get the customer in touch with them.
I guess it depends on what level of injury we're talking about here. If the OP is looking to get the bills they've already incurred paid, and a "not huge" settlement on top of that, I don't believe they need to escalate it just yet.
If OP is having continual medical problems associated with this, maybe an attorney should be consulted now.
I just can't stand how "letigious" our society has become. AND if OP isn't seriously injured the attorney will just wind up "getting" most of what's left over after the medical bills anyway. My opinion.
Hello again, mommy:Quote:
Originally Posted by rockinmommy
I don't disagree with your opinion - only your conclusions. I'd be happy to be proven wrong. It's true, Sam's SHOULD act right. I just don't think they will. And, we're a litigious society simply because companies like Sam's DIDN'T step up to the plate when they should have.
Plus, I agree that there won't be much left over for her after the attorney's take their cut, and the doctors bills paid. But, at least the bills would be paid.
I love that your glass is half full.
excon
Just to let you know I submitted my Dr bills to the manager that was there when I fell. He said he would submit them to the claims dept and he would make sure they took care of them. I sure hope so. Thanks so muchQuote:
Originally Posted by rockinmommy
And I love that yours is half empty! ;)Quote:
Originally Posted by excon
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