Q: Medical bills $18,500.00 my lawyer made a deal with hospital to pay $10,000.00. Lawyer kept the $8500.00 how do i sue
At the end of a Peronal injury suit my medical bills were $18,500.00 my lawyer only paid hospital $10,000.00 but subtracted the $18,500.00 from my settlement what do i have to do to get the $8500.00. Is there a statue of limatations this happind on july 30 2004 that same day this lawyer was placed on interim suspension for making false income tax return
A: First of all, the reduction of any medical bills should have been addressed in your retainer agreement. However, absent that, at best, I would think that the lawyer would be entitled to a percentage of any monies saved on your behalf. So, if he handled your case on a 33% contingency, then, at best, he would be entitled to 33% of the $8500 that was saved in the medical lien negotiation. However, having said that, the matter is moot because any possible statute of limitations on this matter is long gone. The best argument would be breach of written contract, which is a 4 year statute.
A: The date you learned of his "taking" the money for himself will be a factor. You may want to contact the State Bar at this point in time, as well.
A: When and how did you learn he kept the difference? The statute of limitations would start running at that time. If the statute has run, you might get some relief through the California State Bar.
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