Legal Question in Personal Injury in California

Dear Sir or Madam:

Several months ago, my vehicle was struck and totaled in an auto accident. I was slightly injured, nothing serious.

I consulted a lawyer and he agreed to take the case on contingency provided I start seeing a chiropractor. He explained that he doesn't make any money if I don't see a doctor and that he wouldn't take the case. So I reluctantly agreed even though my injuries weren't serious.

After 2 months of seeing the doctor, my lawyer suddenly drops the case because the other side denied our claim. Then weeks later, i receive a "Statement of Account" from the chiropractor for a bill for over $2000!!!!!!!!! I was shocked because the lawyer's assistant had told me that I would not be liable for any medical bills because the lien was against any monies we win in court. So no money, no pay.

Now my ex-lawyer is saying that it's my responsibility and that's the risk I took when I agreed to go. But I was never told that I would be stuck with the bill if he drops the case. So I feel like I got screwed. I would never have gone to such an expensive chiropractor who charges over $100 for seeing me for 5 minutes each visit. I don't have that kinda money!!!!!

Do I have any recourse?????? I did sign a "Doctor's Lien" but I must admit I didn't fully understand the wording. And the contingency agreement I signed, medial lien is explains what happens when the case is won but nothing about if we lost or they drop the case.

Also, I had health insurance (Blue Cross PPO) at the time of seeing the chiropractor, so can't they just bill Blue Cross for the treatments?????


Asked on 8/09/10, 5:35 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can make a claim for med pay against your own policy and/or you can file a small claims action for damage to the vehicle and injury. Often, doctors will reduce their charges based upon the amount of money recovered.

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Answered on 8/14/10, 7:59 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Give me a call on Monday for a free consultation at 800-816-1529 x. 1.

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Answered on 8/15/10, 12:59 pm
Rivers Morrell Law Firm of Rivers J. Morrell III

You should be able to submit your bill to Blue Cross, assuming that you have not allowed too much time to pass. If that does not work, then you can probably get the doctor to reduce his bill. And as the other attorney mentioned, if you had med pay coverage, this might also work. And you can always try to settle your claim with the other insurance company. See if you can get your prior attorney to waive any claim for his attorney's fees, which will allow you to get more money in your pocket, so you can pay your bills, the lien, etc.

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Answered on 8/17/10, 8:33 am


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