Trudy Sword
Garland,#2Consumer Suggestion
Thu, April 22, 2010
I too have recently been wronged by a Dallas Personal Injury attorney and would like to share what I have recently learned is all too common a practice among them. Your case sounds typical. I would venture a guess that without your knowledge they obtained (stole) your medpay or PIP money that the insurance company would have offered you. They will offer this regardless of fault or liability as soon as they know you were injured.
While this brand of practice will tell you not to talk to the insurance company, make any statement, etc. as it will hurt your case if you don't get them involved right away, it is your best chance of getting something to pay your medical bills ASAP. I would suggest NOT making any statements while you are still recovering or oh pain meds, etc., but do take this money before you ever talk to any of these attorneys.
The first thing they do after you sign their "contingency fee" contracts is to get this money up front for themselves. While you wait and wait, thinking "they must be on my side, they don't get paid unless I do" they have already collected, and you probably will never know anything about it. They will then tell you that the insurance company won't accept liability (do they ever?) and withdraw from the case. It is a common pump and dump scenario. They will take the case, take this money and then decide its too much work and too little reward.
I would contact the insurance company, (if you ever spoke to them before hiring him) and find out if they paid him any medpay or PIP money. This practice of cheating people out of even these paltry sums of money needs to be stopped. The money meant to pay for medical bills should not be retained or counted in any contingency fee contracts as it is paid regardless of fault. If they have been paid up front, it is not a contingency fee and to my way of thinking is a breach of fiduciary duty and trust.
If they did it to you, they have done it to others and I would be interested in seeing a class action suit filed, myself.
I am very sorry to hear of your sad, unethical treatment by these lawyers. Anyone involved in a motor vehicle or any other type of personal injury should be aware of this common scheme.