Legal Question in Personal Injury in Florida

My attorney settled my case against our contract without consulting me for the max allowed. I have PIP, Great Health Insurance, and Uninsured Motorist. My intent were for all medical claims to process in that order and any patient responsibility by paid from UM. My attorney signed an LOP with my chiropractor without consulting me and is now settling based on very inflated medical fees. The attorney also has a relationship with my chiropractor before my case. Per contract he can sign LOP but did it without my knowledge. I would like to terminate him; what happens to the escrow account and what recourse do I have. I have not signed.


Asked on 6/07/19, 8:54 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your issues are fact specific and the details of same are needed. It sounds like the attorney settled for the maximum allowable from UM? If that is the case, the attorney has earned his fees from that settlement. The LOP needs to be satisfied. If you are not happy with the amounts being paid, you should discuss that with your attorney. If you hire another lawyer, it cannot be based on the same contingency that has already occurred. You will have to pay an attorney hourly and may end up paying more than the bills. FYI, your health insurance, if they pay medical bills, would likely have a lien against any proceeds as well. The escrow remains at the current attorney's office until the medical bill payments are resolved.

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Answered on 6/07/19, 9:01 am


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