Legal Question in Personal Injury in Maryland
My daughter was hit by a car. There was no witnesses to help my daughter's case. The driver seem to have a witness. My daughter was hurt badly. She was thrown in the air so many feet. Thank God only left arm broken and broken pelvis. I have medical bills from doctors and physical theraphy. The woman doesn't want to pay. One lawyer I obtained received the personal injury money and never let me know he received it. Is this legal? Should I pursue this case further? Thanks
1 Answer from Attorneys
I am sorry to hear of your daughter's injuries.
As far as attorney fees go, a lawyer can only legally hold back for his/her fees what you agreed to pay him/her. In personal injury cases this is generally a percentage of recovery though no fee is set by law and clients and attorneys should agree to the way attorneys fees are handled (how much and when they get paid). A client should sign off on the disbursal of any incoming monies and clients have a clear right to know what monies come in through settlement or other sources. It sounds as though PIP money came in from your own insurance carrier? I encourage you to look at your retainer / representation agreement to see what it says and to get a clear break-down of all incoming funds.
As far as the underlying case goes, you may well wish to get a second opinion from another attorney. Keep in mind that the first attorney may have a claim for whatever work s/he did up to this point and that the law has strict timelines for filing suit. An online post cannot adequately gauge the merits of your case. Maryland is a contributory negligence case meaning if someone causes / contributes to an accident the law may prevent recovery. However this depends on the specific facts of each case.
You are welcome to call my firm (no cost initial phone consult of up to 10 minutes) or contact another attorney of your choosing. Keep in mind that this does not automatically create an attorney/client relationship and that the above general legal information isn't specific advice on your situation/case.