AUTOMOBILE ACCIDENT LAWYERS

21 Mar

Complicated Bankruptcy question?

Posted in personal injury attorney on 21.03.11

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If a person is in a personal injury lawsuit and the damages are so bad that they cannot even hardly hold a job down and are forced to bankruptcy and then after the bankruptcy is, finally after the whole process is over, discharged and then you find out right before the trial that your bankruptcy lawyer didn’t ask you if you were in a civil lawsuit with settlement potential and you failed to check on the BR Petition that you were in a lawsuit,and also when the Petition was reviewed, the BR attorney still failed to review that question with you, then when you find out right before the trial, and you ask to notify the Trustee and then he files to Vacate the Discharge, what do you do? Can’t afford an attorney because completely destitute, have severe trauma damages, etc. Have to do the ANswer Pro Se, don’t know how.

The personal attorney knew about te BR and he knew that he should have notified him, but didn’t. Trustee says that perjury and fraud has been committed, but it wasn’

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2 Comments »

20 Mar

What type of attorney do I need??

Posted in personal injury attorney on 20.03.11

I’m a Lic. contractor and I’m being sued by a customer for personal injury. They are claiming general negligence.
I see most personal injury lawyers advocate for the injured, who am I suppose to turn to for help?
Thanks.

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10 Comments »

19 Mar

Is it inappropriate to apologize to the attorney of the plaintiff where I was a juror?

Posted in personal injury attorney on 19.03.11

I was recently in jury service, it was a personal injury civil case in which the plaintiff lost an eye due to the incident in question. As jurors, we were instructed not to speak with the attorneys in the case. Myself and the other jurors have decided in favor of the defense because of the evidence that were presented to us. I do, however, feel so sorry for the plaintiff with him losing his eye because of that incident. My question is, is it really inappropriate to contact the attorney in this case just so I can apologize for not deciding in their favor? I don’t know why, but I just really feel bad for their client and for the attorneys knowing that they have worked really hard for their client but we didn’t decide in their favor.

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2 Comments »

19 Mar

Need advice on suing a real estate attorney?

Posted in personal injury attorney on 19.03.11

To make a long (LONG) story very short: We entered into a rent to own program through a real estate attorney. We put down a considerable down payment (10k) to keep our monthly rental payments low, were promised in the contract that that money would go toward the down payment when we purchased the house. We were also given ,000 off the price of the house for repairs we made before we moved in.
Through the course of living here, we found out the attorney did not own the house, there was an actual owner.. and they were refusing to sell (even though they entered into a contract). They took their situation to a lawyer and got out of their end.. leaving us up in the air. The contract we signed had a time stipulation and that ran out.. meaning we were out our down payment, they refused to return it. Right before the contract ran out, the house went to foreclosure. It is now owned by the bank and there’s a strong possibility we’ll be forced out.
From what I understand, since the lawyer/company never owned the house, they never had the right to claim they could sell it to us. We even secured financing for the house and the actual seller refused to sell through him.

We went to a very good real estate/contract attorney and told him the situation, showed him the contracts, and asked what we could do.
After a few days of research he said there is a "reasonable chance" we can win, but his fees in total will cost ,500-,500. He wants to take this guy to the cleaners. Wants to sue for not only our down payment, but damages as well. He knows our financial situation, and even stated that considering that, he understands that choosing him may not be a good option for us at the moment.

Does ,500-,500 sound too expensive, or too cheap? I’ve considered shopping for a lesser priced attorney, but the situation is so complicated i’m concerned that finding someone cheaper would lessen our chances of winning. I would dive in if I knew we had a 100% chance of winning, but you never know. I’ve also looked for a contingency lawyer but all the ones in our area seem to only take on personal injury cases.
Honestly, what would you do? What does "reasonable chance of winning" really mean in lamens terms? I understand he can’t give us a "I know you’ll win!" answer because that would be irresponsible.. but I feel like I need a little more assurance before diving in and possibly losing ,500 on top of what we’ve already lost.
I am confident we will win the case, I just don’t want to end up paying 30k in lawyer fees, after being nickled and dimes, and the chance that IF we win, the defendant will just appeal again and again, for a 10k(ish) lawsuit. Would that even happen?
Edited to add: Yes I realize we were stupid by entering into this contract in the first place. We were desperate.. and got screwed because of it. That’s not what I want to hear. I know we were stupid. I just want to know if we can get our money back, and how much it will cost us to do so.

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5 Comments »

18 Mar

Is this a normal contract for attorney's fees in a settlement?

Posted in personal injury attorney on 18.03.11

We are filing a lawsuit against a big pharm company related to our son’s birth defect. The attorney sent over a contract and it states that the attorney will receive 35% of any settlement (I’ve read that this is pretty close to standard) and "client understands that the client is giving up at this time to the attorneys the amount stated above, and that such percentage is of the the total recovery or settlement before any costs, expenses, or disbursements are deducted and client understands that all costs, expenses, and disbursements are paid out of the Client’s portion of the recovery, and not out of the attorneys’ portion."

Does this mean that after they take 35% I’ll still have a large bill for their services? Is this a standard for personal injury claims? Any advice would be appreciated.

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4 Comments »

17 Mar

Can any lawyers answer this question?

Posted in personal injury attorney on 17.03.11

Hypothetical situation:
Joseph wants to file a personal injury lawsuit against James, and sees an attorney for this matter.
James is dating Kim, the secretary for the attorney involved.
Would Kim be required to disclose the relationship with James to her employer, and could this be grounds for the attorney to refuse the case?
This would be under the laws and practices in effect in the state of Michigan. I’m just asking this because I thought it would be a neat twist for a story I’m trying to write. I would prefer that the answer be in layman’s terms.

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3 Comments »

16 Mar

Do I need to fire my attorney again?

Posted in personal injury attorney on 16.03.11

I have a personal injury case that has been pending for one year. The first lawyer I had on the case was referred to me by a family member. Shortly after he began lying me and saying innapropriate things…and much more so I fired him. I selectively and carefully hired a second attorney and shortly after He never returns my calls and does not keep deadlines. reminding you I have only had this second attorney for 4 months and he hasn’t even hardly made contact with the insurance company. This is unacceptable and ground for termination. I’am trying my best to excercise patients but I don’t want to keep lawyer hoping but it’s necessary in my case. I don’t understand. I’am the ideal client. I rarely call my attorney and ask stupid questions. I have made it clear what I expect from my attorney when I meet with both…but no results and no respect! Any suggestions? I mean I could report him to the Bar but that would only jepardize me. I have a meeting with my attorney after I told his bitt pull receptionist that I’am demanding a meeting which she hesitated to give me. Please help!

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4 Comments »

15 Mar

How to handle taxes on income to daughter for attendant care in no-fault case?

Posted in personal injury attorney on 15.03.11

I work for a personal injury atty. All our clients who do attendant care for injured family members get 1099s from insurance co with either box 6 (medical care) or box 7 checked (paymnts to attorney). One client got her 1099 with box 5 checked (misc. nonemployee income), and her accountant says there is no way to deduct the 1/3 that comes out of her monthly check for attorney’s fees. Does anyone know how to handle this?

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One comment »

14 Mar

How much is my injury worth?

Posted in personal injury attorney on 14.03.11

So far, I’m told by an orthopedic specialist that I have a compression fracture in my lower spine. The cause was an auto accident. I was a trucker with Schneider National. I drove as a team with another driver. I was asleep in the bunk, as my partner was driving, when a pickup truck went left of center and hit us nearly head on. We were both traveling at 65 MPH. We managed to escape before our semi burned to the ground in a matter of minutes. Two of the four occupants in the pickup truck were killed. We lost all of our personal property in the semi, of which ,000 worth was mine. The other party only carried a ,000 auto insurance policy, both property and bodily injury. Schneider National is taking most of it with a 0,000 claim. I currently have a worker’s comp. attorney, but I don’t have any idea what sort of settlement will be reached at this point. My back pain has been consistent for the past 6 months and seems to be worsening.
I am also unable to return to driving or perform any physical labor. The accident happened in Kansas and I live in Ohio.
Also, the insurance company of the other party is only offering 0 for my property.

And… If the doctors at the occupational health facility that I was first sent to by Schneider had properly diagnosed my condition, it could have been repaired, according to my orthopedic specialist.

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3 Comments »