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Regarding an injury attorney. California. I have already…

Customer Question
Regarding an injury attorney ...

Regarding an injury attorney

Lawyer's Assistant: In what state did the injury take place? And do you have medical records or other documentation?

California

Lawyer's Assistant: Has anything been filed? If so, what?

I have already hired an attorney .. I believe he is charging me fees that are not suppose to be charged

Submitted: 2 months ago.Category: Legal
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Answered in 2 minutes by:
5/30/2018
Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 961
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Did you sign a fee agreement at the time the attorney began his representation?

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Customer reply replied 2 months ago
Do you know anything about Med Pay?
Customer reply replied 2 months ago
my case is already settled.. my settlement was not enough to cover my medical bills.
So I told my attorney to use my med pay. They are trying to treat it as part of the settlement. Med Pay is not on my attorney client contract. They want to charge 33.3 of my med pay.. I believe it is wrong. I do think they need a payment for their services but not a 33.3 because it is not a settlement. It is my insurance. my attorney is not a person to talk to. Long story. but he is not very good, His wife controls the office and anything he does.
I ask to talk to him by phone he finally called me this morning, but did not answer any of my questions. he just explained what med pay is for. I asked him twice to talk about my case. He only said his wife was still working on it.. it has been months.. They got the settlement check two weeks ago and has already cashed it. They received my med pay checks as will. Long story on that. But now they have everything and stalling on paying out.
Customer reply replied 2 months ago
This attorney needs to retire. I plan on reporting him to the BAR. and My insurance is doing the same
Lawyer: Sean K, Lawyer replied 2 months ago

California calls Med Pay for additional insurance coverage that attaches to one's automobile insurance coverage that relates to injury suffered in automobile accidents. It covers the policy holder and passengers. It is usually done in increments similar to $1000, $2000, $5000, etc.

The general approach is to make sure medical bills are paid within limits.

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Customer reply replied 2 months ago
My attorney claims they are still negotiating my med pay. I asked him why. it is to pay my medical bills. So I guess my question is can he do that?
Lawyer: Sean K, Lawyer replied 2 months ago

So it is not unusual if Med Pay paid under a policy a certain amount for there to be an offset for the actual amount paid, but it appears odd to arbitrarily say that 1/3 of your settlement would go to that.

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Customer reply replied 2 months ago
exactly... how can they do that.. it is not part of the settlement.
Customer reply replied 2 months ago
they are taking 33.3 from my med pay for their services
Lawyer: Sean K, Lawyer replied 2 months ago

It is not unusual for, if there were excess medical bills beyond Med Pay, for those to be negotiated. For instance, if care providers sent in bills and the bills were in excess of Med Pay, it is common for attorneys to attempt to negotiate a reduced amount to satisfy the physician and provider's bills to maximize your settlement.

That being said, it is also odd for your attorney to have had the settlement for more than 2 weeks as it will have cleared the carrier's bank by this point.

You should contact your attorney in writing and ask for

-the amount of the settlement.

-any documentation of Med Pay payments under you insurance.

-any documentation of other medical bills.

-any communications sent out in an effort to resolve outstanding medical expenses.

-the provision of the fee agreement where they are entitled to any portion of the Med Pay. (Likely they will not be able to produce that.)

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Customer reply replied 2 months ago
I have tried talking to him. it did not work. I was on the phone with him for 15 mins. he never once talked about my case.. He only told me the how the law works when someone is in an accident.. I told him several times I already now.. The fact that my case is settled now.. I asked him twice to talk about my case. never happen.. I heard his wife in the back ground saying tell her you will call her back. I asked him why would you call me back I am talking to you now.. He refused to give me any answers.
Customer reply replied 2 months ago
What can I do from here? I plan on reporting his office to the bar. I am just waiting for him to close my case with him
Lawyer: Sean K, Lawyer replied 2 months ago

Phone calls typically go just the way you mentioned. You want to put it in writing and send it certified mail; return receipt requested. This allows you to preserve the request, hopefully resolves it, or, when you report him, it allows you to submit written documentation of your efforts.

Much of addressing these situations is putting together your case to ensure that when you have to set it out to a higher authority, you have assembled a solid foundation that, in this case, the attorney, cannot dispute.

From this point, document, document and document. Do it in writing and carefully review any documents he gives you for accuracy.

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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