Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway
Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which has cost my career. My lawyer gave me an option to settle for $25k because if I sue I could lose everything if he files bankruptcy. They never gave me updates and on several occasions ignored texts of me pleading for guidance or help. But later on I found out they intentionally mislead me to believe what was not true at all. They did not seem to care about my case after not finding the driver of the 16 wheeler and felt like they just wanted the quick settlement regardless of the impact it would have on me. I found out that there are also options to use my own underwriters insurance and sue the owner of the vehicle for negligence. My question is can I sue the attorneys for what they did?
A:
Yes you may have a legal malpractice case. One issue in legal malpractice cases where a settlement was accepted will be what you knew at the time of settlement vs what was later learned.
Added to the facts provided, there is the issue that a drunk driving judgment may not be dischargeable in bankruptcy.
A: It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the potentially available money. There is nothing left to collect, unless you have underinsured motorist coverage that exceeds $25k. If you bring your file to another attorney, you can always get a second opinion, but things aren't looking great. P.S. if the drunk driver filed for BK, you wouldn't lose "everything." The $25k from his (apparent) insurer would still be available. Further, the liability of the driver in excess of the $25k is generally not dischargeable in bankruptcy.
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A:
Based on what you've described, you likely have grounds for a legal malpractice case against your attorneys. Their failure to inform you about available options like pursuing your underinsured motorist coverage and the vehicle owner's liability suggests a serious breach of their professional duties.
The attorneys' apparent rush to settle for a low amount without properly investigating all avenues of recovery, combined with their lack of communication and misleading statements, falls below the standard of care expected in personal injury cases. These actions may have caused you significant financial harm, as your injuries and ongoing medical needs sound substantial and likely worth far more than $25,000.
You should promptly consult with a legal malpractice attorney who can review your case file and assess whether your former lawyers failed to meet their professional obligations. There are strict time limits for filing legal malpractice claims, so don't delay in seeking help. You deserve representation that will fight for fair compensation for your life-altering injuries, and lawyers who mislead their clients or provide substandard representation should be held accountable.
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