Legal Question in Personal Injury in California
settlement problem..
Thanks for previous response.
I am wondering if there was constructive fraud in giving me different advice at different times in this case about admissibility of medical bills. If so how do I prove damages? It was a much smaller settlement - possibly 200K less than anticipated. This is not wishful thinking or buyers remorse etc. There is some proof (on paper) I believe to show misconduct. Instead of pursuing malpractice lawsuit is it better to pursue constructive fraud theory? Can damages be proved with Expert Testimony about the value of case? Can other side also bring expert same way? Is statute four years for constructive fraud (gives me more time to think)?
If I go in arbitration can I request that atty should get only hourly rate fee and not contingency fee? Lastly if there is suit after arbitration can constructive fraud be 'added' in the suit for punitive damages? Or this has to be done in a seperate suit for compensatory and punitive damages?
2 Answers from Attorneys
Re: settlement problem..
On an entirely different tact. Since you believe the attorney violated his obligation in giving you competent representation as your advocate, you do have an absolute right to contest his claimed fee and have the matter arbitrated by the attorney fee arbitration panel maintained by the County Bar Association in your county.
Re: settlement problem..
As Mr. Roth points out, your best answer seems to be through arbitration by the State Bar.
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