[Hockey]

Hi Gang,

I didn't know where to put this, so here goes.

As some of you know, I'm involved in litigation over serious injuries sustained at the hands of a drunk driver. Sadly, merit notwithstanding, winning a lawsuit is next to impossible in my province.

Without going into all the details, pursing the litiation is taking a terrible toll on my family and my health. At the recomendation of my doctor, I decided to stop and infomed by lawyer in writing to offer the other side a pre-discovery settlement that would cover my legal fees. Given my injuries, this would be a real bargain for the other side. Anyway, today I got a letter making it clear that not only did my lawyer not follow my instructions, but in the past week my legal expenses have doubled making it less likey I could recover all the fees without going to discovery.

In my province lawyers are required to follow all legal instructions from clients. What should I do about this unethical bully? I don't want to go to discovery but she's one of the province's most eminent lawyers and I don't expect much help from the Law Society.

[Chemar]

(((((((Hockey))))))

that is reprehensible for your lawyer to do that. If they disregarded your clear instructions it seems to me you have grounds to refuse to pay whatever additional fees have been incurred

I would file an official complaint, nomatter how highly regarded they are!

[Jomar]

So the other party was 100% at fault for the accident and your providence judges?? don't give that any consideration??
and drunk to boot!!
Did the other driver get tickets/jail time?

Does the atty feel she can really win for you??

I think you need to talk with her and clear the air, before pressing with the stop work order.

But have the dated copy of the letter with you in case you still want to stop. Seems like any fees incurred after the stop letter date should be removed.
If she still continues on and you ask her to stop a second time - then pursue higher up the chain of command.

Doesn't her fees come out of the settlement only if your side wins?
And if she doesn't win for you no $$ for her?

around here we call them ambulance chasers LOL

many will take on a case just to hope for some sort of settlement so they get paid with out having to work very hard....

but if she is a top atty maybe she is sure she can win for you??

Good luck which ever way you decide to go on it.

[Koala77]

I'm so sorry that you're going through this Hockey.

I agree with the suggestions that Chemar and Jo*Mar have given you, and although I wish I had other information to offer, things are too different where I live for my advice to be any help at all.

I do hope it all settles down soon. It's simply not fair that you have to deal with this unscrupulous person, on top of the injuries that you deal with every day. Thinking of you ....

[Hockey]

Thanks ladies!

Yes, there never seems to be any end to the vultures wanting to pick at the mangled carcusses of we disabled folk. They know we're so sick that it makes it hard for us to fight back.

One of the many unfortunate things here is that lawyers can claim their "administrative" fees even if they lose - so they really have nothing to lose in pushing cases along. If they lose they get all their costs. If they win, they get their costs plus 30%. It's all designed to protect the insurance companies from litigation by making victims too scared of huge legal bills to sue.

Frankly, I don't know if I can get through this. I haven't even worked up the nerve to tell my husband yet. My poor family has suffered so much. Frankly, I really wish I'd died in the car - but I suppose the SOBs would have come up with a way to screw them out of my life insurance.

[Jomar]

Oh don't even think that way.


I wonder if you might get some legal /atty type tips if this thread was posted on the WC or Social Security Disability forums??

Most of those members are going thru similar scenarios. attys /legal/courts etc.
all are long drawn out processes - depositions, appts, paperwork,, courts, attys, judges...

But definitely you or your hubby need to contact her office or even better make an appt to talk with her about what is going on, maybe the letter was "misplaced"??

And sometimes you have to step back and just put it all aside for awhile,
cause this legal stuff can take years to be finalized and settled.
If you concentrate on it too much it will burn you out fast.

So if you go forward with the case , just expect it to take a very long time to resolve, and let the atty do her thing for you.
Once the depositions are done and you go to any Drs appts that are set up, you shouldn't have to do much else.

Unless your court/legal system is very different from what I've seen here in OR /USA.

[Hockey]

The SOB backed down.

With everything in writing, I had him dead to rights. Doesn't it annoy you the way some people think that because we're disabled we're stupid and they can walk all over us?

I'm still stuck with the the question of how best to proceed to minimize my losses. But at least now the tail isn't wagging the dog anymore and I can make my decisions free of ugly threats.

Some of you have been through discovery. How bad was it? Could I survive it if I swallowed a truck load of Ativan and rocked back and forth humming commercial jingles?

[dahlek]

WE HAVE TO BE TALKED AT LOUDER! Nuff said?
Handicapped doesn't mean mentally or hearing impaired? Tho at times it does, it's NOT the majority of us.
In the legal category? As in the medical...there are good guys and bad guys. Thing is to chastise the bad guys? It's SOOO DURNNED HARD to prove.
This tee shirt I often wear to docs offices... interesting who reacts and who doesn't? [BTW? Nurses love it?]
http://www.justforponies.com/iminnomoodtobeperky.aspx
Give the right [or wrong] to folks the impression that you mite just 'bite'?
Don't forget HOW you use your cane, even 'innocently'? Can be expressions of displeasure. Subtle, yet, effective. At times.
Medical issues are sooo squirrelley it scares me stupid to talk to any doc totally honestly?
I do believe I'm gonna look for an Oscar The Grouch Tee if they exist... There are times when that could be apt for 'the mood' I'm in and feel that day? When I go to a doc? I want answers? I rarely get any... But, my constant researching does give them pause for thought...to let them know I know what's GOING ON? Once known that you aren't a doormat? Good can happen, just have to sort out the 'emotional' from the 'clinical' ? Facts are best presented coldly and anaylically - easier said than done...takes planning before a doc appt? Pare down your list of problems to FIVE...expect to come out with 1+1/2 answers... and keep at that list! Often neuro problems don't have simple answers, and, we aren't hot house flowers in some 'clinical' environment that can tie cause to effect.
Hang in there, and keep faith that even in the legal world? There ARE some good guys! Keep your faith in getting treated and getting better! - j

[mamagoo]

AMEN DAHLEK
In the last 6 months I have been called honey and sweetie and spoken to louder than I have ever been in the other 55 yrs of my life.
Congrats on getting the lawyer to back down.

[dahlek]

But, it's the talking to you 'Louder' as if you can't hear or comprehend that's a killer for me!
I appreciate your delemma Hockey, I wish I knew more about Canada Law [am I correct here?] to help you. If in the US, I could find you boodles of web sites that mite be useful, but in Canada? Well, different country, different set of rules.
IN the US there are two ways to go, go cheap and not expect a lot? or find a big firm who does some 'pro-bono' work [albiet not cheap] but expert. Sometimes the threat of a BIG FISH LAWYER doing the job can save you money in the long term. Essentially getting you a better deal benefits wise and also settlement wise. But, it's a two-edged sword that YOU have to deal with going into things. I know how much legal stuff can and does invade lives going thru the 'processes'. It can be nasty and worse yet. But, at the same time, you've gotta stand up for your rights. And how your injuries are going to impact you 3-5-10 years down the road. Short term hell for long term adequate? I dunno, only you can judge. After what you've been thru? Most folks just want it OVER! I don't blame you, but...don't become bitter with the what-if's later, please. You have too good a heart to get that way. 's - j