Legal Question in Legal Malpractice in California

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I am an injured worker in California who is ready to settle the life medical in my Workers Compensation case, which consists of an MSA and funds for in-home care. After I was evaluated by the primary treating physician on 2-8-2016, my attorney stated she would calculate the settlement demand for submission to the claims adjuster as soon as she received the physician's report. About a month later, I asked for the status and she said to just be patient and she would let me know. Now, six months later, she advises me that my in-home care was denied by the insurance company on 3-2-2016, and due to an oversight, she neglected to request a hearing on the matter, so they have refused to pay for it and there will be no funds for it in the settlement.

she went on to say she would try to get me "most of" the money that should go in my MSA (less attorney's fees), and I should take the offer because its better than getting nothing. I am just sick over this entire situation - this was my entire future, because my injury (62% total disability) has prevented me from returning to work. I am on Social Security and already living below California's poverty level, and cannot afford to pay this myself.

My alleged amount of loss is $280,800.00 (future in-home care for 18 hours per week @ $15.00/hour for a period of 20 years=$280,800).


Asked on 9/05/16, 2:44 am

1 Answer from Attorneys

Stan Stern The Law Office of Stan Stern

Veternan attorney. Former electronics engineer. Experienced in virtually all areas of law. Articles in major legal journals, LA Times, National Academy of Sciences. Profiled in the print media. Successfully handled numerous cases of legal malpractice. Looking forward to helping you with your case. Please feel free to call us at 310-487-9834

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Answered on 9/05/16, 11:32 am


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