Dispute Over Settlement Amount

Summary

The user, Elizabeth, is in a dispute with her attorney over a personal injury settlement. She claims she agreed to a $300,000 settlement, but her attorney is presenting her with a significantly lower amount. She also disputes the attorneys fees and the amount claimed for medical bills. Elizabeth has not signed any written agreement with her attorney regarding the settlement amount and his fees. She has evidence to support her claims and is considering filing a complaint with the State Bar of California and a malpractice lawsuit against her attorney. She is also considering seeking a second opinion from another attorney.

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Iam under pressure to sign settlement papers in a personal injury lawsuit. My attorney is presenting me with a whole different amount way less than I agrred to andhis billing is also way too much. I DO NOT KNOW WHAT TO DO.
Have you discussed your concerns about the settlement amount and attorney fees with your attorney?
yES
What was your attorney's response when you discussed your concerns about the settlement amount and attorney fees?
tHAT i WOULD GET A LOT LESS IN SOME CASES.
What is the reason given by your attorney for the reduced settlement amount?
hE CLAIMS i AGREED TO THE SECOND AMOUNT WHICH i DID NOT AND HE ALSO SAYS i AGREED TO HIM GETTING * PERCENT of my settlement which I did not. I only agrred to settle at the time because I was supposed to get a large advance to go see my father who was critically ill and because I was supposed to get a lot more.
Did you sign any written agreement with your attorney regarding the settlement amount and his fees?
no for his amount ,but I did agree to *,*. settlement
Do you have any written proof or witnesses that can confirm your agreement to the $*,* settlement?
yes
What is the location of your case? This will help me provide you with the most accurate information.
SOLANO CO
What is the nature of your personal injury lawsuit? This will help me provide you with the most accurate information.
i WAS SERIOUSLY INJURED WHEN i FELL THROUGH A BADLY NEGLECTED PORCH AT THE HOUSE MY SON RENTED
What is the current status of your case? Are you still in the negotiation phase or has a trial date been set?
tHEIR WAS A TRIAL DATE SET ABOUT A WEEK PRIOR TO MY fATHER BEING ILL AND ME AGREEING TO SETTLE BUT THEN THE TRIAL DATE WAS CANCELLED. i WOULD HAVE NEVER AGREED TO SETTLE FOR WHAT HE NOW SAYS i WILL GET *,*
Did you communicate your agreement to settle for $*,* in writing or was it verbal?
.
What is the name of the court where your case is being handled?
i MADE SURE that what I was going to get after the legal fees and medical bills were taken care of .He specifically said I would get *,*. and at least *,*. advance while the settlement finished. I have a witness to that conversation which was on speaker phone. Then I signed a document saying I agreed to *,*. for my settlement. Two months later I get a bill which was very shady and not detailed and not accurate saying my medical bills are *,*. and my legal fees are *,*. and I will get *,*. I was so angry. I am also supposed to sign a non disclosure agreement so I cant talk about my case
Did you receive a copy of the signed document agreeing to the $*,* settlement? If so, it could be crucial evidence in your case.
Solano county superior court. I also did not get all the treatment I needed for my injuries and I am so upset about my case ,the original demand was for *,*. which I felt was reasonable but then it was like my lawyer just completely messed up my case.
What is the name of your attorney and his law firm? This information will help us understand the situation better.
DowntownLALaw and the attorneys were Farid Yoghoubtil and Anthony Werbin I told Mr. Yaghoubtil I was very angry and was going to file a complaint and he said Feel free. I let Mr. Werbin know that he lied to me and I wasnt happy about that and I was not signing anything unless I was going to get *,*. like he said to get me to agree. I HAVE NOT HEARD ANYTHING FROM HIM.i ASKEED FOR MY CASE FILE AND FOR DETAILED BILLING OF ALL MY BILLS AND I can not get them. * TimesI requested my case file but I can not get it. I have all my injury pictures and property pictures and all the communication about my case and all the requests from my doctors for treatment I never was able to get. It was like as soon as I had my neck surgery all the work on my case just stopped. I am also unhappy about how the insurance company never made a reasonable offer at mediations ( * ) that we went to even though the owner admitted to it being her fault . But at first she lied and said she didnt have any insurance . That delayed my treatment. Also I kept asking my attornys to find out how State Farm would insure her property with all the code violations . I do not even know if it was a legal rental . I never could find out . I know it took her 7 months after I got hurt before she finally replaced the whole porch. I know she knew about the hole in the porch before I got hurt but she didn't do anything and she neglected her property for years even though it was a very obvious danger.
Have you considered filing a complaint with the State Bar of California regarding your attorney's conduct?
yes I have the paperwork all filled out now but I can not pay the filing fee.
Have you looked into fee waiver options for filing a complaint with the State Bar of California?
I tried to .I can not find any. I would be willing to pay an attorney a consultation fee to help me with what I can do . The insurance company wont talk to me because they say I have to go through my lawyer. I JUST WANT TO KNOW WHAT are my options . Can I sue for incompetence ? Fraud? cAN i GET ANOTHER LAWYER AT THIS POINT TO REPRESENT ME? i KNOW i HAVE A REALLY GOOD CASE I DO NOT KNOW HOW TO PROCEED. i AM ON DISSABILITY. mY ATTORNEY IS COUNTING ON THAT TO MAKE ME AGREE TO THIS HORRIBLE SETTLEMENT.
Have you considered seeking a second opinion from another attorney regarding your case?
yES i HAVE CONTACTED A FEW ATTORNEYS BUT i WILL HAVE TO PAY UP FRONT TO GET HELP WHICH i CAN NOT DO. cAN i TAKE MY LAWYERS TO COURT MYSELF iKNOW IF io COULD HAVE A JUDGE SEE ALL MY EVEIDENCE i wouldnt get taken advantage of like this . Can I FIRE MY ATTORNEY AND GET ANOTHER ONE dO i HAVE TO accept the *,*. settlement if I still have papers to sign ? I wish I would have gone to trial, but I trusted my attorney and my Father was so ill, and I lost my Mother just recently and I was so overwhelmed.
What is the exact stage of your case? Have you received the settlement amount or is it still in process?
I havent recieved anything. I do not even know what the insurance supposedly is settling for because I can not see anything like a check from the insurance company. But I cant get any information from my attorney. I do not trust anything he says especially since I know the amounts of some of the bills are way more than they should be. I can not get detailed information either. I did have a few advances but I DID NOT RECIEVE ANYTHING CLOSE TO WHAT i AM SUPPOSED TO PAY BACK. i REALLY NEED SOME HELP.
Have you considered reporting your attorney's conduct to the California State Bar Association? They can investigate potential ethical violations.
yES again I want to but I NEED HELP WITH FILLING OUT THE PAPERWORK CORRECTLY AND i WENT TO LEGAL AID BUT THEY SAID i CAN NOT GET HELP FROM THEM. iF i COULD JUST FIND A LAWYER TO TALK TO ME FOR * MIN. AND HELP ME i COULD PAY FOR THAT BUT i CAN NOT FIND THAT. pLEASE PLEASE CAN YOU TELL ME WHAT i CAN DO. i am about to be living in my vehicle and all my possions were auctioned off and I really need to go help and see my father for what time I have left. I can not believe an attorney would treat a client like this but I recently found out there are at least * more complaints all about the same as mine but no action aganst him yet. Can you help me otherwise I will have to take the settlement which I know he is relying on. This is so unfair and unethical and fraudulent.
Have you considered contacting the California Lawyers for the Arts? They offer lawyer referral services and might be able to help you find a lawyer for a consultation.
NO i have not heard of them
What type of personal injury did you sustain from the fall? This information can help determine the potential value of your case.
I hurt my rt leg very badly I INJURED MY RT SHOULDER, i INJURED MY BACK AND TAILBONE i BROKE MY MY FRONT TEETH i HURT MY NECK AND HAD SURGERY AND HAD TO HAVE * DISCS FUSED . I need to get more treatment for nerve damage on my leg and continue with injections for pain and spasms I also needed to have physical therapy and massage therapy andi could not not get it , I also had CT SCANNS and MRI s I still need more tratment and my doctors are very unhappy about that.I also did not get the dental work for my front teeth
Did you sign a contingency fee agreement with your attorney? This is a common practice in personal injury cases, where the attorney's fee is a percentage of the client's recovery.
I have all the pictures of the accident I FELL THROUGH THE PORCH AND MY LEG WAS TRAPPED IN THE HOLE AND i COULD NOT GET OUT . mY SONS NEIGHBORS HAD TO COME GET ME OUT BY CUTTING A LARGER HOLE AND FREEINF ME. i THEN WENT TO THE EMERGENCY ROOM AND i WAS ON CRUTCHES AND HAD A BOOT FOR A MONTH i STILL HAVE ISSUSES
Did you sign a contingency fee agreement with your attorney? This is a common practice in personal injury cases, where the attorney's fee is a percentage of the client's recovery.
i did not HE CLAIMS i just do not remember
What is the percentage of attorney's fees mentioned in your contingency fee agreement?
I HAVE ALL THE E MAILS SINCE THE BEGGING OF
What is the exact percentage your attorney is claiming you agreed to for his fees?
* PERCENT NOW
What is the exact amount your attorney is claiming you will receive after the settlement and his fees are deducted?
*,*. hE WILL GET *,* AND THEDOCTOR HE HAD DO MY SURGERY WILL GET *,*
Did you sign a written agreement with your attorney that specifies the percentage of the settlement he would receive as his fee?
no
What is the exact amount of medical bills your attorney is claiming you owe?
*,* AND i DO NOT THINK THAT IS ACCURATE ON SOME THINGS
What evidence do you have to dispute the accuracy of the medical bills amount?
wELL i DID RESEARCH ON SOME OF THE BILLS AND EVEN THOUGH THEY CLAIM A REDUCED FEE i FEEL THE AMOUNT FOR THE IMPLANTS FOR MY NECK ARE NOT CORRECT AT *,*. iT SHOULD BE about *,* apiece x * would be *,000at the very highest end of the cost. The amount for the actual surgery says *,*. which I have not found to be anywhere close to the highest I found at *,*. Medical billing was *,*. which I found to be excessive but without my case file I can not show .
Have you considered filing a malpractice lawsuit against your attorney for negligence and breach of fiduciary duty?
Yes that is exactly what i WANT
What evidence do you have to support your claim of malpractice against your attorney?
i HAVE ALL THE CONVERSATIONS WITH THE LAWFIRM IN EMAILS SINCE i first started I have the person who was with me when I had the phone conversation about what I would get *,*. and the advance to go see my Father if I agreed to settle for *,*. that day. It was all on speaker phone . I have all the emails that show I did not recieve my advance and That it took two months to finally get the paper that says I am not getting what I was told . I have my emails to the attorneys saying they lied to me and that I did not agree to *,*
What is the exact amount you agreed to for the attorney's fees at the beginning of your case?
ND i WAS NOT SIGNING THE PAPERS THAT SAY i AGREE TO *,*. I have the accident pictures AND the injury pictures ,I have all the emails trying to find out why I cant get the treatment I needed that my doctors requested for me and all the e mails asking about the insurance coverage and the replys saying not to worry that I have a great case and that i shouldnt worry and how the firm is working so hard , but I am not happy . IIt is obvios that as soon as I had neck surgery my case was worth a certain amount and he pretty much abandoned doing any work. I do not even know what evedience was presented to the insurance since the offer was *,* at the first mediation. Which was riculous . Our demand was *,*. That was clearly bad faith. I know through the research and speaking to other attorneys not representing me my case should not have been settled for less *,* on up to over *,* *. BY THE FORMULAS USED IN INSURANCE SETTLEMENT CLAIMS
Did you sign a written agreement with your attorney that specifies the percentage of the settlement he would receive as his fee?
no i HAVE THE AGREEMENT THAT SAYS HE WILL BE REPRESENTING ME FROM THE LAWYER i HAD AT FIRST WHO DID HARDLY ANYTHING ON MY CASE .
What is the exact content of the agreement you have from the first lawyer? This could be crucial in determining the validity of your current lawyer's claims.
tHE FIRST LAWYER DECIDED NOT TO REPRESENT ME BECAUSE THE LANDLADY SAID SHE DID NOT HAVE ANY INSURANCE ON HER property. They said that I could have a claim but they decided not to take my case. They were not going to charge me. The second lawyer barely did any work on my case , but she did get the landlady to admit she did have insurance and not to sue her personally. She did not get me any treatment and said I would have to pay for it myself and that if she advanced me money I would probably end up owing her money because my case was only worth about *,*
What is the exact content of the agreement you signed with your current attorney, DowntownLALaw?
I do not knowif she was trying to swindle me or if she was really that bad of an attorney . She also lost some of my injury photos or just did not give DTLALAW all of them. sO i BELIEVE THAT i SIGNED A * */* FOR HER .
Did you sign a written agreement with DowntownLALaw specifying the percentage of the settlement they would receive as their fee?
No !
Did you receive a copy of the agreement you signed with DowntownLALaw?
Yes but it only says I am having them take my case
What is the exact wording of the agreement you have with DowntownLALaw?
Just a moment
What is the exact wording of the agreement you signed with DowntownLALaw?
It says SUBSTITUTION OF ATTORNEY i ELIZABETH hereby retain Downtown L A LAW GROUP to represent me in connection with mypersonal injury claimarising from my accident on or about * -* -* and specifically request California Injury Agency LLP FORMER ATTORNEY TO SURRENDER MY FILE TO dOWNTOWN la law gROUP, llp and take no further action with this claim siniture printed name and date **** Finlay may *,*
What is the exact amount you agreed to for the attorney's fees at the beginning of your case?
I didnt I thought it was always * */* unless it went to trial and then it would be * percent unless the agreement stated otherwise.
What is the exact wording of the fee agreement you signed with your attorney? This will help determine the agreed upon percentage for attorney's fees.
This is the only agreement bI have. Until recently when he says he is supposed to get * percent. Looking back now I never got anything explained to me but I do know that I never agreed to that. I have all my communications
What is the exact wording of the agreement you signed with DowntownLALaw regarding the attorney's fees?
Can you help me or not?
What is the exact wording of the fee agreement you signed with your attorney?