Legal Question in Legal Ethics in Texas

I was rearended while sitting still on frwy on aug 30 2012. I didn't go immediately to hospital I went home and went to bed I guess I was in shock and shook up. I went to doc 7 days later. he xrayed told me he thought I had pinched nerve and treated me with adjustments that made me nauseas and they told me after 2 weeks I had to hire atty or they could not treat.I hired atty that sent me to another clinic filled with quacks and in my opinion was a cut and pill mill and they treated me for a month without xrays ormris an finally did one when I got ugly . I have 4 hearniated and bulging disc from the accident per mri. My attorney wouldn't send me to an md and his assistants nego my case and I only rec 4000 in settlement because they stayed on m e to to release and settle when I told them I felt I was in a dangerous situation with these doctors and I would let them operate because I didn't trust them. they said they would go for policy limits if I would settle and get me future medical. I wanted to take it to court but they kept telly me that was all I would ever get anyway. because I was on ssd and was disabled. which I am but ive not been disabled in my back ever or my neck and I told them that as well as the atty the only time he called me and finally I settled. I am in critical shape now and I am furious do I have any rights? Is this right and why was I only allowed to see doctors the law firm sent me to? I did finally get to go back to the original chiropractor and he told me and my fianc�e that my life would never to active again but he didn't put it in letter I think because he isn't qualified to make that judgement maybe? I don't know but I need some help. I didn't want to sign off but they literally didn't give a choice


Asked on 7/19/13, 3:21 am

1 Answer from Attorneys

If you signed off on the settlement against the other driver or the insurer then you can't go back to them and ask for more money. You already waived your claims in exchange for the settlement proceeds.

However, you may have some claims against your former lawyer for malpractice. I don't automatically assume this is a case of malpractice because there may be good reasons for everything you were told. He may have a working relationship with the doctors he sent you to because he knows that those doctors are experienced in dealing with accident injuries. He may be correct in assessing the value of your claims based on what the law permits. On the other hand, there could be some underhanded conduct that would be malpractice.

I would be interested in discussing further details of your case and discussing your options. My office is in Bedford but based on the zipcode you provided with your question it looks like you are in the NRH area. If you are not mobile due to your injuries I would be happy to come to you and talk to you.

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Answered on 8/01/13, 9:17 pm


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