Legal Question in Personal Injury in Texas
Hi I am in North Texas and I am a 26 year old female if any of that matters. On September 28, 2012 I was involved in an auto accident. I was on a busy road when the car ahead of me stopped to grab something off the side of the road. I stopped without incident but the car behind me hit me from behind going about 50mph without ever touching their breaks. The driver had a suspended license and got failure to control speed. I went to the emergency room with a lot of neck and back pain and was diagnosed with a neck and back sprain. I hired a lawyer shortly after and he had me see a chiropractor, I went to a few visits but he was making everythig worse. After that I went to a back doctor who wanted me to have another CT scan, I do jot have health insurance and was told by his paralegal there was no way my lawyer would help me. After several months I recovered and recieved a call that my lawyer wanted me to have the CT and sign a LOP. I declined because I would still owe them the $4000 if they didnt find anything, they should have asked when I was in lot of pain cause they might have been able to actually see the damage. Well they lied to me multiple times saying they requested my medical records and then I found out they didn't so I personally got them. They also said they checked several times for a lein from the hospital and never found one, but I found the lein without any legal experience! That should have been their job. They were already trying to settle without knowing about a lein. Well now all my bills that I still have the originals to total at $11, 000. The other peoples insurance (Oakbrook) refuses to go any higher than $13, 000. Now that I find out about the lein I would only get $1700 to $2000 in pocket. They lied and told me they already had sent a request for a 50% discount on the $8, 500 hospital lein but found out his aid was sending it while I was on the phone. There has been multiple times that I have called and they refuse to call me back, I have to call again the next day and there was a time it took 2 weeks to hear back! And that was after threatening to call the state bar. I have only talked to the lawyer 3 times. I'm almost positive the lady handling my case isn't even a legal aid just a secretary. They have hardly done anything with my case! I provieded all bills and medical records and even had to find a lein on me! His contract states if I fire him he is still entitled to 33% but his contract also states that he will do the best he can and try all he can in my case but obviously hasn't. Is that breach of contract? I requested copies of all the correspondence documents in my file but was told she cant give them to me without asking him. His name is Steven Williams in Decatur Tx. He has been to prision on possible drug charges which I didn't find out about till later. I feel my whole case is messed up. I don't know what to do. Ease help! My email is [email protected]
2 Answers from Attorneys
It is impossible to tell you what the settlement value is of your case without actually looking at the entire file. Here is a link to an article I wrote about the factors that attorneys look at in valuing a case:
http://www.injurylawyerinhoustontexas.com/the-truth-about-personal-injury-law-in-texas/case-worth/
I would also suggest to you that you not give out the kind of details you gave out above on a public website. I'm not familiar with Oakbrook, but I am betting they have internet access too. And I'm sure they know what cases handled by Mr. Williams they have made a 13,000 offer on. I suggest you not put any more facts out on the internet to protect the attorney-client privilege.
I can advise you concerning your case. Please call me. I am board certified in personal injury law,have practiced for over 20 years, and have represented clients thoughout Texas. (713) 914-0830.
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