Crap lawyers in a torte case...

[krrakt]

Hey Everyone,

In Dec 2010 I was involved in a collision. We were on a rural highway near Beaverton (Glenarm) traveling 80km/h when this guy ran his stop sign and WACK we broadsided him. I had absolutely no time to brake, swerve or do anything evasive. My car Flipped right over his, and came to rest upside down in a ditch. My wife and I suffered many many broken bones, torn tendans, ligaments etc. which left us basically bed ridden for two months. Thankfully my 5 year old was totally saved by his car seat.

Anyway, I was referred to this law firm PLZ law. They told us we would not have to pay for anything up front but they take 30% of our settlement. Fine.
As we were bedridden at first, we needed help in our home with childcare, housekeeping etc. The lawyers said this would all be covered, no problem. We hired people to help and payed them wages from a line of credit until that was exhausted, then we signed papers promising to pay them when we were given the money from insurance, but we stopped accepting in home help after 3 months because we had not been re-embersed yet. We waited 6 months before we got cheques which was a really long wait considering we were broke as a result of this car crash.

Finally we got money, something like 23K. Barely enough to cover our debts. Well immediately The lawyers office wants like 4K out of these payments. I was dumbfoundedand and have yet to pay them.

Now they are sending us collection letters and stuff like that.
I do not think they have done a very good job because they did not get us money in ample time to continue the home care, if it came within 3 months we could have continued with the assistance, whithout which was a bit of a struggle.

Now I don't even want to communicate with our lawyers as the first thing that comes up in any correspondence is their money and when is it going to be paid...
I dont have it to give to them, and why would they even be bothered with it now as our case must be at mininum a six figure one.

I dont know if I can fire them as we signed a hundred documents, and Im not sure if my next chouce of representation will be any better.

Has anybody here been involved in a crash who had a lawyer(s) who did a great job throughout the entire process?

Does anybody know if I can change lawyers at this point without being penalized too much?

I apoligize for venting, but I really don't know what to do.
How do I find a good Lawyer, that will fight for us. I think we deserve better..

Any comments are appreciated.

 

[toysareforboys]

Finally we got money, something like 23K.

Where did the $23k come from? Your insurance company?

I was involved in a head-on collison with an SUV (he said I hit him, I said he hit me, fault was not determined at the scene). I was with State Farm.

I had a broken right arm in full arm cast, destroyed left femur. They got me set up with full wage replacement immediately, a cheque for the value of my bike right away, and $1,400/month for someone to feed my cat, look after the house, etc.

All of this WITHOUT a lawyer! Never once did I need one, everything I asked for they took care of, gave me way more money for my bike than I was thinking, etc. They have covered physio at a private clinic, home exercise equipment, wheelchair rentals, etc.

I don't have any advise for your current problem, other than a better insurance company in the future. Make sure when you switch you get FULL wage replacement coverage (extra like $3/mo cost to you).

If your lawyer actually went to COURT against the driver/insurance of the other vehicle and the $23k was the payout, I don't think you have much of a chance to get more because you'd have signed off that the $23k was the "settlement". If the $23k is just what your actual insurance company owed you (lost wages, home care, etc.) then I would call:

Diamond & Diamond Lawyers
At Lawrence Square
700 Lawrence Avenue West, Suite 400
Toronto, ON M6A 3B4
Phone: 800-567-HURT (4878 )

If you've got a good case I don't think they'll have a problem working with no money up front for a percentage of the payout.

$23k for two people seriously hurt? What a joke, like you said, doesn't even cover the bills. Add an extra 0 on the end of that and it'd be where I would expect it to be.

-Jamie M.

 

[RonnieRev]

I was hit head on and had my knees injured, soft tissue damage, I was off work 2 years. I recived $350.000.00 for loss of wages and pain and suffering. The case took eight years to settle.

 

[toysareforboys]

I was hit head on and had my knees injured, soft tissue damage, I was off work 2 years. I recived $350.000.00 for loss of wages and pain and suffering. The case took eight years to settle.

Wow, that's insane!!!

-Jamie M.

 

[krrakt]

Thanks for the input,
The 23k was not a settlement, it was for the home care, childcare, housekeeping.etc.
The civil suit is a long way down the road, as the other post mentions it took him 8 years to settle for 350k, I think our injuries are slightly more numerous but 350 each would make me happy.
Hopefully I find a better lawyer that will take the case, one I have a bit of faith in would be nice...I just dont really know the best way to choose...

 

[krrakt]

Wow, Soft tissue damage sucks, never really heals and surgery is usually more painful than the initial injury.
Imgoing theough the same thing with my shoulder (torn rotator cuff). there is no healing just phisio to strengthen all the stuff around the injury. I was lucky enough not to injure my legs too badly but my wife hyper extented her achilles(?) tendon with both leg bones broken above her anckle. Our list of injuries is huge,we both broke ribs her 7 me 5, my sternum broken, wrist in 5 places both radius and alna has commuted fractures, broken fingers, concussions, bruised lung, etc.
She had to go back to work after 3 months (what a trooper!!) as I still cant lift my arm above horizontal and my wrist has only 40% range of motion. Luckily it is my left, not my throttle hand.
The broken bones heal, but soft tissue like my shoulder and your knees will be wrecked for life unfortunately.

 

[OpenGambit]

It sounds like you are looking for a lawyer willing to work 8 years for free.

Best of luck.

 

[krrakt]

It sounds like you are looking for a lawyer willing to work 8 years for free.

Best of luck.

Not really, If they say they want 30% of your settlement instead of a retainer, IMO they should wait until one is made. before asking for money. I'm to blame for not reading the papers thoroughly enough before signing them,they are to get a percentage of any benefits paid by insurance but do they really need it before you setttle? It sure does not feel like they are on our side.
It would likely be incentive for them to get the largest possible amount for you. as opposed to paying them a set fee regardless of the outcome.

 

[OpenGambit]

No comment.

 

[jeffjones]

Not really, If they say they want 30% of your settlement instead of a retainer, IMO they should wait until one is made. before asking for money. I'm to blame for not reading the papers thoroughly enough before signing them,they are to get a percentage of any benefits paid by insurance but do they really need it before you setttle? It sure does not feel like they are on our side.
It would likely be incentive for them to get the largest possible amount for you. as opposed to paying them a set fee regardless of the outcome.

So your complaining because you signed a contract saying you would give them 30% of everything and now complaining because they want their 30%?

Thats like putting a down payment on a car and complaining because you have to pay the monthly payments and saying should I just keep the car without paying......

 

[EngineerJoe]

Pay the $4k, fire them and move on to another law firm.

They didn't do a very good job, but you learned the hard way (sorry, but we've kinda all been there)

 

[murf]

I have not seen full wage replacement for $3 a month the last couple years.......statefarm, primmum don't offer that price!

 

[toysareforboys]

I have not seen such low full wage replacement premium the last couple years.......statefarm, primmum don't offer that price!

Were you referring to me? State farm includes, at no charge, income replacement up to $400/week. The full wage replacement premium is determined by how much over $400/week you make

-Jamie M.

 

[krrakt]

Pay the $4k, fire them and move on to another law firm.

They didn't do a very good job, but you learned the hard way (sorry, but we've kinda all been there)

i guess that is the best idea, I've been researching lawyers but there is no real way to tell if they are good or just do the bare minimum for you. Ill keep looking/

Thanks for the comments,

 

[krrakt]

then I would call:

Diamond & Diamond Lawyers
At Lawrence Square
700 Lawrence Avenue West, Suite 400
Toronto, ON M6A 3B4
Phone: 800-567-HURT (4878 )

-Jamie M.

yes. I will do that, pay my curent firm what I owe them and ask for my file.
Hopefully they give it to me

 

[krrakt]

I found a good selection of lawyers here
http://www.lawyerratingz.com/search...&zip=&radius=10&1=Personal+Injury&ratedonly=1
2 of them already got back to me. Basically I cut and pasted my initial post in the email I sent to them, and they want to meet with me Tomorrow.
One of them made the largest settlement in Canadian history on top of writing a book on car accident litigation. This is the kind of person anybody would want representing them.
I sure wish I had researched this better from the begining.
Now I get to choose who I like best, things are looking up.

ps. the lower rated lawyers have some pretty funny comments about them. Entertaining.

 

[krrakt]

So your complaining because you signed a contract saying you would give them 30% of everything and now complaining because they want their 30%?

Thats like putting a down payment on a car and complaining because you have to pay the monthly payments and saying should I just keep the car without paying......

No, I agreed to pay 30% once the case is settled, not pay immediately from every benefits cheque, these are to cover expenses and not a cent more.
They can have all we agreed on when the case is settled...........

No, I agreed to pay 30% once the case is settled, not pay immediately from every benefits cheque, these are to cover expenses and not a cent more.
They can have all we agreed on when the case is settled...........
Even the lawyer I spoke with thaught this was ********!

 

[Stephen W.]

So your complaining because you signed a contract saying you would give them 30% of everything and now complaining because they want their 30%?

Thats like putting a down payment on a car and complaining because you have to pay the monthly payments and saying should I just keep the car without paying......

Perhaps I've missed something here because I do not see this situation being anything like your car scenario.

If I understand correctly, the O/P agreed to pay 30% of what ever the civil suit yields. It's been my experience that settlement checks are written to the lawyer who in turn sends a separate check, (settlement minus fees) to their client. How does a lawyer feel entitled to any part of the insurance coverage paid directly to the injured party?

That would be like if you were injured at work and hired a lawyer to sue your employer. You receive Workman's Compensation for your injuries, lost wages etcetera to which the lawyer has no involvement in and so has no claim over. It's only the proceeds of the civil action against your employer that the lawyer was hired for that he will receive payment from. He doesn't get 30% of your Workman's Compensation too!

 

[OpenGambit]

and people wonder why I laugh my *** off when they ask whether I do any litigation

 

[jeffjones]

Perhaps I've missed something here because I do not see this situation being anything like your car scenario.

If I understand correctly, the O/P agreed to pay 30% of what ever the civil suit yields. It's been my experience that settlement checks are written to the lawyer who in turn sends a separate check, (settlement minus fees) to their client. How does a lawyer feel entitled to any part of the insurance coverage paid directly to the injured party?

I'm to blame for not reading the papers thoroughly enough before signing them,they are to get a percentage of any benefits paid by insurance....

He signed a contract saying 30% of ALL benefit including insurance.