Should I get a new lawer; do I even need a lawyer?

[IbAlee]

What is the name of your state?Texas

My mother was rear-ended several months ago which resulted in a herniated disk. Some doctors have advised that her condition was bad BUT made worse by the accident.

Our lawyer, so far in my view, hasn't done anything. We had to pay over $1000.00 in rental car fees alone and he still hasn't been able to get reimbursed (returned rental car 3 months ago) from the counter-party's insurance. The only derived benefit has been that we have not had to pay about $3500.00 in medical fees because he has a relationship with these offices. But we have paid out of pocket for places that will not accept his "letter" as credit. I know that the claim cannot be closed until the injury is fully treated but this may take months, maybe a year because the injury may require surgery. My mother has been to a chiropractor (no help) and now is seeking treatment from an acupuncturist. Final option will be surgery which we are trying to avoid for health/financial reasons. I'm afraid our finances will exhausted by the time this claim finally settles. Is there a way to get the counter-party's insurance to alleviate this strain by paying for some of these incoming medical bills?

The case is clear-cut countery-party fault (police wrote her a ticket). Should we have not gotten a lawyer? My logic is that this is a pretty simple case but our lawyer will make off with 33% when he really doesn't have to do anything other than haggle with the insurance company (which I feel I can do). We have not signed any agreement; the 33%, the lawyer advised, is standard.

Any feedback would be appreciated. Thank you

p.s. when a lawyer's "not certified by the state board (something, something)" according to their ads, does that mean they are not a real lawyer?

 

[robbob]

I'm in a very similar situation. Is it very difficult, or even possible to work out a settlement with the insurance company yourself?
I didnt' mean to hijack your thread, sorry.

 

[ResIpsaLoquitur]

Good news / Bad news

I'm sorry for the problems you and your mother are having - and I sure don't have much to offer in the way of encouragement

Should you get a new lawyer? From what I am reading in your post, you don't have an old one: not if you have not signed a formal retainer agreement detailing the terms of representation. A pretty good explaination as to why the attorney isn't devoting any energy to your case.

What you do have is $3500 worth of medical bills for what I believe to be inappropriate treatment administered in the context of a personal injury claim - and most certainly inappropriate in a personal injury claim with a pre-existing condition!

I've said this before and I'll say it again: on a "slime-scale" it is a toss-up who scores higher: the personal injury lawyer who directs clients -or in your case, potential clients - to healthcare providers with whom he has a "relationship" - OR healthcare providers who have "relationships" with personal injury attorneys.

Do you even need a lawyer? Unless you are willing to settle for your rental car reimbursement and the repair of the vehicle, absolutely. Because if you are to have a snowball's chance in hell of even receiving the $3500 for the chiropracter and the . . .accupuncturist, you're also going to need an accident reconstruction specialist and a variety of M.D.'s - an orthopedic surgeon; a neurologist; perhaps a neurosurgeon and a pain-management specialist to start with -willing to state not only that your mother's pre-existing condition was worsened by the car wreck, but to explain exactly how it was worsened AND to quantify how badly it was worsened. Then you will need a vocational economist to translate all this information into damages: calculations that rely heavily on the patient's age; life expectancy and future earning potential. Unless, of course, it happens that your mom put in 8 hours doing heavy construction; ran a marathon and then had an MRI the day before the collision.

My opinion is that your mom is in a very precarious position. Now that this attorney knows that your mother's condition was "bad before but worsened by the accident", remind him that there is no written retainer in place and see what he says about representing you.

My best advice would be to consult with a reputable/B] personal injury attorney - choose an old established firm that does not run television advertisements. If your mother has been under the care of a orthopedic or neurosurgeon, get her in for a thorough evaluation or have her primary care physician to refer her to someone.

It's one thing for a personal injury attorney to want to look at medical records - or even require a potential client be evaluated before taking on a personal injury case. It's quite another to allow that potential client to accumulate thousands of dollars in medical bills with providers he has a "relationship" with - ESPECIALLY providers of "alternative" treatment - without a committment to representation.

 

[stephenk]

does your mom have her own doctor through a health plan or through prior consultations/treatment for her pre-existing back condition? If yes, has she gone to her regular doctor for their opinion?