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Legal Eagle
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Category: Legal
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Experience:  Licensed to practice before state and federal court
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My roommate came around the corner at a grocery store and

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My roommate came around the corner at a grocery store and fell on a oily substance in 2016. She went to the E.R who diagnosed a soft tissue injury to her ankle and elbow. By the time she got home I found an attorney to take her case. They called her with an appointment several hours away in error which turned out to be meant for another client. The mix up was corrected and it was not discussed again until. She saw another Chiropractor the attorney arranged for eleven times before being released last January. In August she contacted the attorney twice trying to find out if an offer had been made. The attorneys lied to her saying they were sending her records that day. She followed up a week later by email and was told her medical records were not in yet. That was a lie according to both providers involved and in addition she was contacted by the insurance company claiming the attorney had been unresponsive all year. Upset, she wrote the attorney a letter advising them of her issues and they replied a couple days later by firing her as a client. They allege she was uncooperative because she declined to travel 3 hours from home to make the appointment offered way back in August of 2016, which as I mentioned was not even meant for her but another client as they had called the wrong number. Now that she has no representation she has tried to settle the claim on her own and they are offering her just enough to pay the medical bills. The insurance company told her they are going to say the claim was denied and that she does not need to pay the bills if she doesn't want to.The Chiropractor has listed many injuries in addition to the ER and it seems like they are taking advantage of her attorney firing her. If she is only getting 4600.00 from the insurance and her bills are that much then neither one of them would have been paid. It seems like it would be a waste of time to hire another attorney since its a small claim. Should she counter the offer by double or triple?
If she cannot get more because the attorney damaged her case telling lies from the beginning and then firing her unjustifiably. Can she sue her for damages maybe in small claim court? My friend can prove she was lied to and fired without cause.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is yes, your friend should ask for more, but only after properly calculating the damages she suffered. To help her understand, this to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If a reasonable store would have picked up the substance, then they are negligent.

The big issue for your friend is calculating the damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. Once she gets a #, then she can focus on an objective basis for her claim.

Sadly, she could also make this same negligence claim against the attorney for failing to return phone calls in a timely manner, lying, and otherwise prejudicing her case. Most attorneys carry malpractice insurance so she may need to ask the attorney for the carrier or hire an investigator to find out. One thing she could do is simply advise the attorney she will be suing and the attorney will hand it over to their carrier.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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You are too kind, thank you!