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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118633
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I won a 20 million dollar medical malpractice lawsuit a

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If I won a 20 million dollar medical malpractice lawsuit a few years back, but the night before while I was in the hospital in recovery my lawyers assistant offered me a deal offered by the doctors lawyer (They were in coersion) that I would win 850,000 If I win or 250,000 If I lost but I would win some thing after 4 years of battle if I signed some paperwork. Can I sue for using my sickeness and making a scared decision and waiting till the night before offering me this deal?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Are you saying you settled your case the night before the matter would have gone to a jury or a mediator for final decision and you chose to settle so you could walk away with a guarantee rather than taking a chance you might not receive a favorable decision?

Customer:

correct

Customer:

My lawyer was in conference with them for months, and he always gave me vague details as what it was about.

Customer:

I was scared the night before because I had been sick several times and the night before he sent his beautiful blonde assistant to relieve of some fears but I would not of made this deal if not for being sick and in the hospital.

TMcJD :

Okay, so why do you say you won $20 million the next day? If you settled, the matter didn't go to a final decision - correct?

Customer:

the decision ruled by the court was for 20 million.

Customer:

It was not a sttlement because it still went to trial I forgot what the lawyer called it.

TMcJD :

Was it an offer of judgment?

Customer:

no.

Customer:

It was a deal between the law firms. I forgot the name he gave for this.

Customer:

Not sure what you mean by offer of judgement. He said the other side used this to limit their loss.

TMcJD :

Well, then I'm not sure I can help. I'll opt out and allow another expert to assist you.

Customer:

Don't understand this should be a simple yes or no.

Customer:

I am not working and this question is costing vital funds. I am hoping you can aswer this.

Customer:

Why do you step in and out of the chat TMcJD?

Customer:

I don't have any more money in my card, Can you just tell me if I have grounds to sue on the information I gave you. It went to Trial and the jury awarded me 20 million, but the night before my lawyers assitant offered that deal while I was sick in the hospital.

Customer:

He knew the jurors were favoring me.

Customer:

Can someone please give me an answer.

Thank you for your question. Your previous expert had to step away and I am a new expert looking forward to working with you to provide you the information you are seeking.

What he was referring to was a confession of judgment. In order to hold the attorney who represented you liable for malpractice, you have to prove that he was negligent in agreeing to such a confession of judgment and he knew you were not mentally capable of making such a decision at the time he approached you. It is likely that under these conditions and based on what you described above, that the attorney may have committed malpractice when he coerced you to sign the confession of judgment in this matter. However, you would have to engage a local legal malpractice attorney to review the case records to prove the attorney acted below the reasonable standard of care he had a duty to exercise in representing you in this case.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118633
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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