Lawyer Ignoring Wife

[Spiffster]

A little background... My wife was in a car accident 7 years ago that resulted in a settlement out of court... I guess, because thats what injury lawyers do these days, but I digress. Anyway, the accident resulted in multiple bulging / herniated discs and chronic neck pain. Just around 6 months ago she was t-boned. I thank our lucky stars that our daughter wasnt in the car at the time because the impact was right where her child seat was, not to mention the fact that my wife was 8 months pregnant at the time... The accident resulted in no major injury so we really have no need to sue, but her neck condition was aggravated and she will need a minor surgery that, in the past, has done well to alleviate the pain.

So my wife called this same lawyer that she worked with before, and the lawyer said that she would need to have them put a lien against the at fault's insurance company to get the surgery she needs paid for. It was a five minute call for which they sent us a bill for 15 dollars, which we paid. Ever since that call 3 months ago my wife has left several messages and has gotten no call back. Complete BS, especially since she has worked with them before, and now they are treating her as an annoyance. We have no problem paying whatever related legal fees to get this all squared away. Either way, she needs the surgery to address the pain so I told her to just get the procedure scheduled and we would pay out of pocket.

My question is, if she gets the procedure done before we get a lien in place (if we ever do), will the at fault insurance company be obligated to pay for the procedure? It pisses me off to no end the way both the at fault insurance company and the lawyers are ignoring my wife's email, and voice messages...

[rennigade]

First...get a different lawyer.

Second...of course the insurance would have to pay, as long as everything goes through ok. Ive been in car accidents before where I had to pay to get things fixed...then eventually the person at faults insurance would pay me. Its no different.

[Scanner]

My question is, if she gets the procedure done before we get a lien in place (if we ever do), will the at fault insurance company be obligated to pay for the procedure?

I am not a PI attorney, but am a chiropractor so I see this side of healthcare (both clean and dirty). The answer to your question is. . .you are always responsible for the bill in the end.

The surgeon, neurologist, chiropractor, etc wants to be paid for their service, whether it settles for $15.00 or $1,500,000 of which their would be a lien against either amount.

Lawyers work on percentage contingency, doctors do not.

Finally, I am going to give a piece of advice. . .one I give all my patient caught up in this "system" that is often working at cross purposes.

DO WHAT"S RIGHT FOR YOUR BODY, NOT THE CASE.

Seems obvious but lawyers try to prime the pump for more invasive forms of care because they result in a higher cash settlement. Honestly, it isn't worth it. I see so many people after the doctors are paid and the lawyers paid end up with not that much in the end.

And a few scars as a souvenir.

Good luck.

[Scanner]

Another point. . .again, not an attorney. . .if you have health insurance (and I guess you should theoretically under Obamacare). . .they can bill your insurance carrier and you sign I think (and any attorneys help me out) a subjugation clause. . .which basically means your health ins. pays the bill, but then if the auto carrier becomes responsible they pay back the health ins. co.

I personally am about 25% of chiros who hate PI - always preferred the family stuff but I have ahd my own patients get into accidents of course and gone through this.

Good luck though.

[Spiffster]

Huge thanks for the replies... Yes we have health insurance, so we are probably going to go the subjugation route.