Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your daughter's extremely difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Approximately how much has your daughter sustained in actual damages, including medical bills? Who made the offer of $11k?
I look forward to assisting you as soon as I have received this information. Thank you.
She does not know what the total medical bills were. The lawyer had her sign a paper sometime if 2012 with the figure of $10,000 -- and said she was signing off rights to payment of future or other past bills. Then before he was disbarred he told her she had signed off that the insurance company doesn't have to pay anything more -- but she said she never signed that. My son was to get at least $21,000 for her care, which he never filed for. The only bills she has received recently are for $1010 and $700+ for a back stimulator which was custom made for her, and State Farm isn't going to pay for.
I see. Thank you for providing this additional information, Gloria.This appears to involve a case of professional malpractice by her attorney and your daughter-in-law needs to look for a local professional malpractice attorney to represent her in suing the disbarred attorney. If he carried malpractice insurance, she should be able to recover damages against him that the insurer will pay.Since it is too late to pursue litigation against the at-fault driver, she would typically have to settle for the amount which is being offered since she has no leverage to negotiate a higher amount if she no longer has the ability to pursue a lawsuit. However, I would first consult with a local attorney who can review the case and verify this to be sure.There may be a cause of action against the maker of the screw which broke but she would typically need to consult with a local firm which handles product defect cases to evaluate whether this is indeed a defect, depending on all the circumstances, including whether there was a subsequent impact to your daughter's back where the screws are located.But she should be able to obtain compensation from a professional malpractice case against her former attorney who has been disbarred. She could also file a complaint with the state bar association but since he has already been disbarred, they may not take any further action against him.
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