hello! asked: I was in California when the accident happened in March 2006 and my attorney is also from the state. I am now resided in Oklahoma.
My husband and I was at no fault and I, as a passenger, I have unlimited right. It was fairly an easy case because I was in major injuries; had good medical record to back me up. I was told that my attorney will settled my case for $50,00 back in December because he feel that we should not go to court due to the complication and not sure what the outcome will be.
My hospital bill actual cost is $48,000 but was given a big discount because was not going to be able to work for a while due to my injury condition nor have any income coming in at all. Therefore, I was given a big discount and was only to pay $400. I was going to paid but my attorney advice me to not pay because if I do then my settlement case would be closed. As a result, he told me that he will negotiate with the hospital to pay for certain amount when the case is close.
In his letter I received in April 2007 along with my check of $10,000, he outlined that $23,500 is going toward the hospital bill and $2,500 (difference) will come to me sometime in May which he also had me signed. By the way the settlement check was received by him in early March. 3 weeks ago, I called the office and the secretary told me that attorney had written to the hospital in regards to an offer, but no respond yet. 1 week ago, I called again and she told me a different story. She said that they didn’t want the hospital to know that the case was settled because then the hospital could sue them for not paying the full cost which was $48,000. (By the way, I didn’t get a chance to speak to my attorney because secretary always told me that he was either in a conference or trial and that he will get back to me this day this time but never received calls)
I recently called again, last Thursday, he was not in the office either. I told the secretary that the hospital bill was sent to the collection agency on October 2006 in the amount of $400.00 which I recently found out in my credit report. The secretary again told me that she will have the attorney call me because she doesn’t have my file etc and sound rude though. She told me that he will return my calls in the afternoon. Never did!
My questions are:
1.What do you see the plan of attorney to get my hospital bill taken care of?
2.If he doesn’t care of my hospital bill within 10 days from the date of my demand letter, can I go ahead and pay the $400.00 through the collection agency and wiped that off my credit report by either showing prove that I paid or have my attorney write to the credit bureau? Then report him to the state bar?
3.Should I call the hospital to make sure they are in touch with my attorney up to date?
4. What percentage of the full settlement amount I am obligated to pay for the hospital bill if not $400.00 anymore? Should it be $23,500.00 or $48,000.00 Because if $48,000 I would be in big trouble and have to pay that amount or can I sued my attorney for malpractice and have him pay?
I am going to write him a demand letter for all documents such as corresponding between him and the hospital and all that documents that I am entitled to since he never really provided me any before. Most important, for him to take care of the hospital bill asap.
The case is already closed in March 2007.
Louise
