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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can I / should I sue Disability Attorney - San Mateo County,

Customer Question

Can I / should I sue Disability Attorney - San Mateo County, CA
I was injured in 1996 - was incredibly bad physically - back/neck pain * and more - physically mostly bed ridden and mentally destroyed.
Struggled with everything - had Kaiser through husbands medical -- a GP took pity on me when saw him with another issue and he set me up to see a doc in physical medicine - they worked on me under husbands medical and ignored the workers comp and everything was denied....and I had been left to "die"/stay out of the way =-== just take your drugs.... won't even give you epidurals anymore......Kaiser started me back on epidurals and also did my surgery...the Attorney's didn't contact me, and if they did I was in no condition to respond to them. In 1996, I was the primary money earner and even after injury I kept working to keep paying for the house or we would have lost it and we had two sons that I was unsure how we would keep/support them.
I had a voluntary plan that was offered by the company, which paid me my salary as long as I was working - even if it was part-time. I struggled and had my mother driving me to work to complete my job....I continued to decline physically and mentally and went off work.
Like I said, without my Kaiser doc, I probably would be dead now, I had been contemplatively how to end the pain of 9.79/9.99 out of 10 = my quality of life was surviving to the next breath not a trip or a visit or the kids coming home at the end of the day.
The lawyers got a new assistant - in 2000's (unsure of date) can look it up. Said they had fired the other assistant and the work was not getting done....and by the way could I tell him when my case was closed as it wasn't marked on the file in her desk drawer. That there were several of us he needed to update the paperwork on.
He was shocked when I told him that my case was never closed.......later he resent me to the ME (same guy I had seen the first time --- that guy is slimy -- but I am assuming that is neither he nor there.....Timing was (I think - will have to dig up and confirm the dates as my mind is now mush) early 2000's...I think 2002 and after that nothing again happened
Then 2015 contact started up, with we are closing you case. They did not help me with the issues that the doctor had connected with them about --- wheel chair ramp; leg brace due to the back compressing on a nerve, losing all of the muscles in my upper thighs, and had been falling and re-damaging myself for years. My WC doc (not Kaiser) tried to get wheel chair & ramp so I could get around the house and have a life, at this time I am locked primarily in my home for years = with my youngest son being my helped when my husband was at work. Kaiser did my surgery for me, and left it under my husband medical - and when I am older (60 now) I plan to turn over everything to them so Kaiser can sue them for everything that they paid to help get me well. Even
Now they want to finally really close the account, but not the medical, but I am not sure how much of the money that the judge has stated I should get it with the company side deciding I am 62% disabled, since didn't they pay me years ago and approx amount of what they thought I would get $'s towards when the case was closed.....and I can not get anyone to explain to me how much I will get of the amount listed on the document, nor how they will take the $8k they will get paid, the fact that they did not acknowledge that I have Fibromalgia according to Kaiser was ignored.
Now to make matters worse, I am to be closing this case and the person who approves my medications at Matrix has in (Dec - I believe) quit giving me my morphine long acting meds...and the attorney said she would deal with that while she was working out the terms of the case==== nothing --- I can't get them - they are rejected. But since I am doing somewhat better, I thought I would keep plodding forward, they were giving me my liquid morphine, for the falls; zanaflex for muscle spasms and needed for sleep due to all of the back/leg/neck/foot/wrist/shoulder pain and ambien. Well, everything was rejected in January - called the attorneys and have heard nothing back except a new fro letter to meet them in court to finalize the $'s March 21'st. I will NOT be going, on top of eveything else, my parent(s) lives have ended and mother-in-law's funeral will be done on the 21'st and my father's funeral will be on March 19th.
I want my meds to survive at night, the pain, the growing discomfort, the new injuries specifically from my back/attorphied R leg; the sitting up all night without something to help me sleep is a night mare. At some point I will reach a point of insanity or disconnect with lack of sleep/pain when my med's that I have put aside for all of these years runs out and I am frightened by what could happen.
My case opened in 1996 and now they are going to close it 2016 & I don't feel they have done me any real service nor support.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your attorney has not properly represented you in this case, which is what you are describing, and the case is still going on and they still are not properly representing you, then you do have a right to 1) change attorneys, which is the first thing you must do and 2) file a suit for malpractice against this attorney. You have to change attorneys first because once you file your malpractice suit against the attorney they will have to drop your case and you are better off getting a new attorney first and then suing the old attorney, because the new attorney will be able to properly evaluate what the first attorney did or did not do properly in your case which would be the basis for the malpractice suit.