In early 2024 I was hit by an 18-wheeler commercial owner operator, with my fiance being a passenger in my car which then fled the scene which I persued with a good Samaritan. While catching up the 18 wheeler was smoking from the tires and driving erratically.
We caught up to it at its destination, then I confronted the driver about the accident which he denied it being his fault. The workers took video of him disposing evidence of the accident over the fence of which I took pictures of the evidence which may still be out there to this day.
State trooper said he won't be driving no more and if you feel pain give me a call and I can press charges for you. I replied no need since I felt like him driving no longer is worth it more than someone's misery of a charge on there record.
Me and my fiance felt pain later that night, went to ER which the next day felt painful pain. Both had Lower back, leg pain/ankle, and neck pain. We both started a Pain Journal.
NOTE: after ER visit called this particular attorney since I looked for one that I felt I can trust to answer my questions especially my fiance's concerns. This was when I chose this attorney. The attorney's ADVERTISMENET also enticed me into trusting them.
While with this attorney, orchestrating liability of the driver vs me. I called to ensure about appointments needed and had to wait for the liability. Got a call about driver being 100% at fault then scheduled a visit to an ortho specialist. After the visit we waited for the follow up appointment. They said to wait and I waited and called and same someone would get back to you.
Close to the 28 day mark I called to see what is going on. Come to find out the paralegal working my case was no longer working there hint on no follow up for weeks. They informed me I could lose my case without being 30 days of my medical check ups.
I urgently asked what is the soonest place I can go to. They set me up with a LAST MINUTE therapist and chiropractor. The Therapist/Chiropractor was aight but felt like they just did the bare minimum.
Had Therapy sessions, chiropractor, Ortho Specialist, MR scan and X-rays. They gave me 3 epidural shots which felt relief with therapy. Took 6 months to recover but was on leave from work due to injuries. I gave attorney lost wages report as well.
While recovering me and my fiance had been less affectionate and lost our drive while recovering. We had our share of fights but we still chose each other. Pretty close calls to breaking up but we made it through.
I spoke mostly with the paralegals with little to no communication with the attorney while in the this process. When it came to finalization, I spoke with litigation attorney THROUGHTOUT THE SETTLEMET PROCESS. I asked do you need a statement through out this process with the pain and also my Pain Journal. The paralegal replied and said "NOT NEEDED".
I asked about policy limits and they weren't sure about the amount. I can't remember what the paralegal said, but around the lines of what offer do you want me to send in. I may have replied at least $150,000 without knowing the TRUE VALUE of my case potential. The paralegal told me the 1st offer than I asked for more why so little, and then she gave me a 2nd offer and said that that is the BEST THEY CAN DO.
1st offer
105,000 - 33% attorneys fee - 60K medical - 35k lost wages
2nd offer
115000 - 33% attorneys fee - 60K medical - 35k lost wages
Fiance 2nd offer
78k - 33% attorneys fee - 35K medical
Me and my fiance accepted since I asked about trial and not sure if we wanted to go to trial due to concerns about the driver being an overseas ethnicity.
I didn't speak with attorney about the case value. Until after the settlement NUMBER was finalized. Asked if I wanted to go to trial and I said I had my concerns about the ethnicity of the driver and the attorney didn't give me any insights about my case value. I also felt during the call that it was a decision I had to make with not much information to go off.
Settled in Jan 2025
Which I had trust they were going to get me the best offer they can get. I felt corned once I seen that that was the best they can do. I didn't ask my attorney "How much is my case worth" since I felt like it was common sense for the best resolution for your client.
I just wanted to see any insights if it is worth pursuing Legal Malpractice with my former attorney on behalf of me and my fiance. We felt like it should of been more but felt like that was the best they can do in that matter.
I just foundout about legal practice on my case this month. I haven't sent the certified mail to my former attorney about my documents yet but in the process of it and also procuring a list of attorneys to give a call this upcoming Tuesday.
Review
- paralegal left and no one assigned to case
- close to missing 30 medical review
- settlement payouts negotiated with litigation paralegal
- declined Pain Journal
- Attorney Advertisement had full trust on
- Unsure of policy limits
- attorney really didn't get insightful on case, felt the talk after settlement was, a decision I had to make