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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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I was injured by a drunk driver - he supposely has no assets

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I was injured by a drunk driver - he supposely has no assets but insurance of 100k and I had 50 k - lawyers says they get 45 k i have recieved 68k - and my med insurance is as i am told by my lawyers are claiming arista on 35k -- I feel I am being robbed -- I had back surgery because of this accident - bills mounted up yet looks like all I am getting is 68 w maybe another 9k coming if the med insurance agrees - I have asked for a breakdown of the money being paid out and keep getting the runaround - does this sound right to you ??
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. Help me understand the question a bit better. How much have you received for certain?

Brandon M. :

Hello, I see that you joined the chat. Welcome.

Brandon M. :

I was just hoping to verify the dollar amount of what you actually received. Would that be $68,000?

Customer:

total amount was 150k i got 68 from that the lawyers took 45

Customer:

yes

Brandon M. :

Did you have a written agreement with the law office? If so, what percentage of your settlement was the law office entitled to receive under the agreement?

Customer:

30%

Customer:

actually 33%

Brandon M. :

Do you have knowledge of what your actual medical bills were?

Customer:

my surgery and hospital stay was over 100k the lawyers said that the actual bill was cut to 35k the other bills were paid I believe by pip

Brandon M. :

What I can tell you is that, on first impression, the numbers you have given me are not especially alarming. Typically, a settlement is split three ways--the attorneys get a third, the doctors get a third, and the victim gets a third. The component that usually surprises the client is the medical portion. If you have medical insurance, you're use to the insurance paying for your bills. However, when you accumulate those bills due to someone else's fault, the insurance company has the right to seek reimbursement. In other words, the insurance company doesn't have to pay for an injury someone else caused. Even if the defendant didn't pay, the insurance company could technically sue the defendant to recover the entire cost.

Brandon M. :

That said, the insurance company has statutory limits on what can be recovered. They can't get the entire settlement. They can only get a portion. That is to ensure that the victim receives some compensation for certain, and the attorney can get paid so that it all happens.

Customer:

I want to trust my lawyers but I feel they did a shit poor job on my case and now they come up with this arista thing that atena is claiming

Brandon M. :

Well, the policy limits were $100K and $50K. Is there any reason to believe that the defendant has personal assets? Or that your attorney didn't properly investigate what his assets are?

Customer:

the guy is 28 years old -he lives in a very expensive house and neighborhood but the lawyers say that it belongs to his parents

Brandon M. :

That is something that could be determined pretty quickly based on a title search, so it is probably accurate.

Customer:

i think they didnt do a good job - i suffered and still have pains and the back surgery wow was horrible

Brandon M. :

I'll trust your assessment. Have you considered having your case examined by a professional malpractice attorney?

Customer:

the 68k help pay some of my bills but damn

Customer:

thank you - for what its worth you did make me feel better on my feelings about my lawyers

Customer:

yes I have but what will that cost me ?? what if they did do their best ??

Brandon M. :

Honestly, I have seen so many people feel just how you do. Sadly, it seems to be normal. I try my best to explain to my clients BEFORE even taking the case how the settlement usually is divided to eliminate the surprise, and to be very meticulous about the final distribution.

Brandon M. :

Well, let's see if we can find someone to look at your case cheap. Where in Florida do you reside?

Customer:

broward county

Brandon M. :

Thank you. One moment, please.

Customer:

another thing my bills were getting high and i saw a commercial about getting a loan if you have a suit - I called them because the lawyers kept saying its would take some time for my case to be settled -so I wanted to borrow some money -they said I needed to have my lawyers email them some forms I then called my lawyers and told them what I was planning then all of a sudden the lawyers said it was settle not to take the loan - next thing I know I got the money which made me suspicous

Brandon M. :

Ok, Brownard County's Bar Association can make a referral for $50 to an attorney that will not charge for the first 30 minutes of a consultation. A professional malpractice attorney should have an idea after 30 minutes whether you are likely to have a case or not. My recommendation is to pay the $50, get a referral to someone who has expertise in that highly specialized field, and get a 30 minute consult. If you need to, get a second opinion. It will cost no more tahn $100 total, and you can know for certain if you have a case against your attorney. If you do have a case, you can probably find someone to pursue it on a contingency basis.

Brandon M. :

I think that also sounds suspicious. I agree. Perhaps your case wasn't a priority, or maybe it was something else.

Customer:

they advised me not to take a loan like that because they are loan sharks - I dont know I just feel screwed

Customer:

gotta go thank you Brandon you have been great

Brandon M. :

I understand, and it's really terrible because this person caused damage to you that he can't properly compensate you for, then you have reason to doubt your attorney's handling on the case on top of that. That feels terrible. I do hope that you meet with a professional malpractice attorney to make sure that your case was handled competently.

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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