Legal Question in Personal Injury in Wisconsin

What can I do about a lawyer who handled my personal injury case, he got paid an

I hired an attorney to represent me in a personal injury case. He promised X amount of dollars if he won or settled.After about a year he could only settle for a fraction of what he said. I fired him because of this. I then found out that he filed a lien against my case. When I tried to settle with the insurance on my own. I then found out that his 33 percent was taken out my medical bills, so out of the this proceedings he recieved over $3000 dollars and I recieved nothing at all. That seems to be very unfair. Is there any one I can contact about this.The insurance adjuster seemed to belive that what he did was very unethical!What can I do about this?


Asked on 10/05/04, 2:14 pm

2 Answers from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: What can I do about a lawyer who handled my personal injury case, he got pai

Your case is much too complex to be able to answer simply. I think you need to talk with a lawyer in your area to see if there is anything that you can do. One issue has to do with the payment to your health insurer. Wisconsin law does not allow a health insurer to be paid until you have been "made whole" by a settlement. If you had actually been made whole by the settlement, I think there probably would have been some money left over for you. The "made whole" doctrine does not apply to a lien claimed under an ERISA contract, so a lawyer will have to determine whether the insurer should have received all of its money from the settlement. You may have hurt yourself by not hiring a lawyer to handle the case for you after you fired your first lawyer. Another possible way to get some of the money that your first lawyer took would be to argue that his fee should have been based on the recovery you received, not on the total amount of money paid by the insurance company. In other words, you could argue that the lawyer should have first subtracted the money that went to your health insurer. You could argue that his fee should only have been one-third of the balance. The State Bar of Wisconsin has a fee dispute arbitration service available to people who dispute a fee. The number to call is 608-250-6185.

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Answered on 10/05/04, 3:15 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: What can I do about a lawyer who handled my personal injury case, he got pai

I agree with Attorney End's reply. You need to first try and address this with your lawyer and then, if that fails, you need to address this with the State Bar. Good luck.

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Answered on 10/06/04, 12:31 pm


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