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My mother and I have a wrongful death lawsuit for my father.

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The law-firm representing us contacted...
My mother and I have a wrongful death lawsuit for my father. The law-firm representing us contacted us and said we were to get a settlement from the company Exxon Mobile. The law-firm had cleared my fathers medical debt through a waver from Medicare because his condition was during a certain time line. (I am not clear on the rule) Exxon Mobile discovered that my father had Medicare Advantage. I know nothing of the difference between the two. The company claims we must now get Medicare Advantage to wave their claim to my fathers medical bills in which doing so will bring in to light the four previous settlements we received. Our lawyer wants to drop the settlement. So my question is what responsibility does our Attorney hold in this situation, and our they wanting to drop the case because it will cost them money if Medicare Advantage wants reimbursement. I do not have the money and cannot reimburse them and my mother is afraid Medicare can come after our home. Any advice on this matter is appreciated. Thank you
Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 21 minutes by:
7/28/2017
Personal Injury Lawyer: Asad Rahman, Attorney replied 8 months ago
Asad Rahman
Asad Rahman, Attorney
Category: Personal Injury Law
Satisfied Customers: 2,400
Experience: Practicing Attorney with 10 years experience
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Usually the government payors will negotiate with you a reduction in what is owed to them so I think this should not be a major issue but I do have concerns if your attorney is basing his advice to you on the amount of the settlement.

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Customer reply replied 8 months ago
The Attorneys seemed to me at least eager to dismiss this settlement. The settlement would be 25 thousand of which our part would be 15 thousand. He made sure to let us know that " You know the government will want their part" My opinion is if they would have filed the correct paper work in the beginning we would have went into this knowing we owed Medicare and they could have included that in the settlement. Now we are looking at do we risk having Medicare getting involved and having to repay them, if we take the settlement we get nothing either way. My other question is, are the attorneys trying to cover up the fact they mucked it up by filing the wrong paper work. I have worked in law offices and details like this can loose a case, I would have been fired for a mistake like this
Customer reply replied 8 months ago
I guess I am just upset because as it stands now we either don't get the money or we owe money. It isn't a large amount to some but when we both have medical issues it would have helped
Personal Injury Lawyer: Asad Rahman, Attorney replied 8 months ago

Its hard for me to know whether they "mucked it up" but they cannot railroad you into a settlement you are not comfortable with.

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Asad Rahman
Asad Rahman
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Category: Personal Injury Law
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