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I hired an attorney for a Personal Injury Claim-Slip and…

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I hired an attorney for a Personal Injury Claim-Slip and Fall on July 3, 2012. My attorney has stated he has not settled passed 6 years now and calls me around every 2 years within the 6 years to settle for less and less. My attorney starts to interrogate me in a degrading/refuting manner, as if he his on the company I am suing side. I have asked friends and family, I truly believe he used the settlement money and trying to intimidate to settle for nothing so he could pay me out of his pocket. Just 1 year ago my attorney showed and tell me to sign an unofficial one page letter with nothing of his name, letter head or law firm. To state a few word of the letter, this letter states that I will be settling for less amount than we negotiated 2 years out of the 6 years I opened this personal injury claim and it is worded very elusively, by stating I will need to pay all bills, attorney and liens out of my net pay, to give up all my rights to further pursue claim, including not using jury trial, to understand that this settlement will be final and irrevocable and will remove all recourse of recovery outside of the monetary settlement specifically listed within this Agreement to Settle. I would appreciate some answers and legal advice to this matter. Thanks.
Submitted: 4 months ago.Category: Legal
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Answered in 10 minutes by:
3/11/2018
Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. If you have a copy of the document you were asked to sign, I can provide more insight. From your description, I can only imagine how frustrating this situation must be for you. If a case was actually filed in court, six years is an incredibly long time for it to still be pending in the court and I would be concerned whether it has been dismissed and would want to check with the clerk's office as to the status of the case. If the attorney you hired did not file an actual lawsuit and instead was simply trying to negotiate a settlement I would be concerned that too much time has passed to file an actual lawsuit. All of that said, the attorney's handling of this matter as described by you is not professional. You should, at all times, be fully informed of the status of your claim (not an update every 2 years) and any documents you are asked to sign should be fully explained to you. At this point, I would suggest the following steps: (1) make a written request to terminate the relationship with your current attorney and request a full and complete copy of your case file; (2) check with the clerk of court - if a lawsuit was ever filed - on the status of that lawsuit so that you do not miss any upcoming deadlines the court may have set; (3) locate another attorney to review and potentially take over your claim; and (4) consider reporting your current attorney's conduct to the state bar or licensing authority for investigation. Again, I am very sorry this has been your experience. With your injury having occurred nearly 6 years ago, if you have not yet received any settlement your chances of recovery may not be good. As time passes witnesses can no longer be located or do not remember the events, your medical condition changes substantially and it becomes somewhat harder (though not impossible with expert review of your records) to identify what damages and injury to you resulted from your fall. If an actual settlement - that you would have to agree to - was reached or is ever reached, you will/would be asked to sign a release and settlement of claims that would identify any costs you are responsible for and would waive your right to pursue or continue to pursue related claims. But that documents is only signed by you in exchange for settlement funds that you determine are sufficient to justify your agreeing to that settlement. I hope this helps.

If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Lawyer: Attorney Wendy, Lawyer replied 4 months ago

Happy Friday. I just wanted to check in to see if there was anything more I can do to help answer you questions.

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