Legal Question in Personal Injury in California
settlement problem contd.
Thanks for previous response.
Settlement was recorded in court. Dismissal may have been filed,do not know for sure. But other side has sent draft 2 weeks ago. I have not signed it because of on-going dispute with attorney. I think atty was keen on settling case. Practically he did it by himself. I was out of my mind!
The problem is I was told that all medical bills were admissible . I relied on that for few months.Half hour before settlement conference I was told only 10% or 25% of (almost 400K) may be allowed as other side has 'purchased' (not paid) hospital liens. That messed up my mind completely. I didn't understand much of how it went afterwards. Settlement would have 100K-200K more. My deThis is not buyers remorse. There is some related correspondence about conflicting info ( before and after settlement). It is not just my word against attorney's word. I was given copy of mediation brief I signed two weeks after settlement.I believe I also signed disbursement document. I have not received that copy yet.
Can the settlement be put aside if atty has not filed for dismissal?
Can there be a malpractice case ? Misconduct I think can be proved.
2 Answers from Attorneys
Re: settlement problem contd.
If the defendant bought the liens they should forgive the providers have accepted the money paid in satisfaction to them. Now the defendant can pay the settlement and they should waive any right to collect on the hospital or medical bills. That would give you the settlement amount without any payment for meds being required. Clarify this. If that is the case, good. If not, refuse to sign the settlment, see the judge and explain that your consent was not informed because you thought that the settlement would be net of payment of any medical bills.
Re: settlement problem contd.
Follow Mr. Roth's advice!
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