Legal Question in Personal Injury in Georgia

I was involved in a personal injury lawsuit (plaintiff) several years ago and lost. I did not owe anything to the defendant�s attorneys after the trial as I agreed not to file an appeal. When initiated talks with my lawyers I stated that if my cost would exceed 6000 I could not afford to initiate a lawsuit (this meeting was audio taped by the lawyers). The lawyers took the case and a week before the trial they could not find a signed copy of our contract (not sure if I ever signed one before this time as I had a head injury). The attorney expenses were 28,000+. I signed the contract a week before trial and we lost. A couple of months afterward I received the first bill (over 28G), I tried to negotiate a lower payment but we could not agree on a figure. I have paid about 3500 to the lawyer over the last several years, but would like put this painful past behind me. My question is am I libel for the attorney expenses incurred before I signed the contract or maybe only the expenses incurred after I signed the contract or should the lawyers knowing that the expenses probably would exceed the 6000 not taken the case in the first place and this could be considered unethical or malpractice? I am looking for some guidance on how to close this portion of my life.


Asked on 9/09/12, 9:10 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You asked this question a few minutes ago. The answer is the same:

"At this point you're dealing with an unpaid debt. You owe whatever the final court orders says you owe and you can't just pay some smaller amount and be done. Usually your options are (1) pay the whole judgment, (2) if they will take it, make a far more substantial offer, which they don't have to accept, or (3) if the debt is dischargeable, and you qualify, file bankruptcy. (Unless someone pointed a gun at you, there is no such thing as signing a contract under duress)."

(Even if there were malpractice, and nothing you posted says there was, the statute of limitations to pursue it expired 2 years after the alleged "malpractice.")

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Answered on 9/09/12, 10:08 am


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