You helped me before and I was wondering if you would help me again (of course, I will pay you). My husband was injured at work in 2002 and 2003. He went to several hearings, each attorney's side bitterly fighting and this went on until 2010. In May of 2010 I won the arbitration award for my husband (his employer also had what is called a disability/retirement plan). He was supposed to get disability if he was injured on the job. However, his company denied it and said his problem was related to a prior medical condition. I found an error in his old medical records (Workers Comp makes you give all of your medical records to the attorneys in these Type of cases). Jim had had back traction back in 1980 but the doctor wrote back fusion. So, his employer initially turned it down until I accidentally found the error. I appealed to the Civil Rights Commission to get the medical record corrected and provided documentation to his employer. So, after 8 years of battling things out, I won the case. Meanwhile my attorney (who doesn't handle arbitration) has seemed to drop the case I guess because there is no money for him to get, I think. But he did get $10,000 from the first car insurance company and $5,000 from the second car insurance company and we didn't get anything the second time because all the money went to administrative fees. Plus, Jim crashed my car in part due to the brain injury he suffered from the operation (I mention this as the $10,000 we got, part of it was used for the car he crashed. Well, actually, he ruined two cars because of the medications he was on due to the accidents - but I was never compensated for his subsequent injury or the cars).Anyway, his attorney won't settle the case and I need help.The way I understand it is that we can only get a maximum amount of money each year. Social Security has paid us $23,000 and his employer paid us $20,000 for back pay. Now we get $2,500 from his employer and about $1,300 a month from Social Security. But I know I am not entitled to it all but if I tell my husband's employer that I have the money, they could drop him unless I pay to back. Meanwhile, I have applied for the HOPE Program (Home Owners Affordable Mortgage Program) over a year ago and they reduced my mortgage by $500 a month. They took over a year to process the papers and then my husband started getting disability in May of 2010 and now we no longer qualify. But now we either owe them all that money back (over $6000 dollars) or we may get another type loan with them. The problem is, I have to send them my bank statement which now shows I have $10,000 in the bank but it is not mine. I would have paid it back right away but I was afraid and still am afraid that my mortgage company would demand the money back or foreclose on my house if I didn't come up with all the money I owe them.What can I do? My attorney won't close the case and his employer does owe him a lot of money for all the medicine and related expenses that he incurred. Is there some law that he (the attorney) has to close the case we did have a contract that he gets a percentage of my win - if we win? Secondly, would you be able to write a letter for me stating how much I owe my husband's employer if I get you the paperwork showing you the rules? Please let me know what to do and how much you will charge to help me.Thank you.
04/15/2011 |
Category: Courts ยป Attorneys |
State: Maryland |
#24652
An attorney has an obligation to accept a settlement offer if that’s what the client wishes. The attorney must follow the client’s instructions if a settlement is offered. The client ultimately decides whether to proceed to trial or to accept a settlement offer. The attorney has an obligation to convey settlement offers to the client and to explain their possible advantages and disadvantages. Howeber, the client is cobsidered the employer whose instructions the attorney must follow.
You bring up a variety of issues and if your present attorney is neglecting the case or not obeying your instructions, then we suggest seeking a local attorney who can review all the facts and documents involved. Unfortunately, we cannot write a letter on your behalf, as we cannot offer legal representation and are prohibited from giving legal advice. This service provides information of a general legal nature.
