Legal Question in Civil Litigation in Massachusetts

Can I sue again civally

I was rear ended Feb of 2003...I sued and rec'd the most i coud which was $100,000...Before that was settled I had had 4 surgeries..included was a spinal fusion. I am still in pain..

The atty representing me got 33%and I got the rest...so I thought. I had to pay back my med insurance carrier $70,000. My atty never told me this may happen and I find out it is commonly done. So I was left with nothing. Is there amything else I can do? The worse part is that i will probably be in pain forever. Thanks


Asked on 4/03/06, 7:22 pm

1 Answer from Attorneys
John Postl Burkinshaw Law Offices, P.C.

Re: Can I sue again civally

If you resolved the case with the driver who rear ended you, you most likely signed a release in which you agreed that you could never bring any action against the other driver even for future undisclosed injuries. The attorney should have made you aware of the medical lien and helped to negotiate it before settlement. The insurance company will ususally take a reduced amount. At this point your only option would be a legal malpractice claim, but you would have to prove that the outcome would have been different if the attonrey had made you aware fo the medical lien- that is probably an uphill battle but you might want to consult with an attorney who handles legal malpractice claims.

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Answered on 4/04/06, 10:12 am


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