Legal Question in Personal Injury in Maryland

I had an accident case where PIP was issued, but the lawyer took it on himself without my consent to pay the doctors and failed to give any to my daughter for her missed wages during her recuperation. An Assignment and Authorization form was never signed with any of the doctors. Is this legal without the Assignment and Authorization form never being signed? Thanks


Asked on 5/25/11, 12:33 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Without looking at your representation agreement and the disbursal sheets it is difficult for an online forum to answer whether monies were properly distributed or to know how or why monies were withheld (for instance, did some of the lost wage money go to pay attorney fees or litigation expenses?) Many attorneys do not collect a fee for the PIP portion of a case, though a lawyer may bill for his/her reasonable time in processing a PIP claim.

In some cases money for lost wages may pay litigation bills or expenses and a lawyer may actually have an obligation to pay certain medical or other bills, particularly if they are liens against settlement proceeds. If governmental health care (medicaid) paid for treatment there may be a lien without any A&A form. In some cases there may be a lien against a wage portion for military pay.

You may want to look at the representation agreement and any settlement / disbursal sheet for more information and/or contact another attorney for a review of your case.

While the above is not legal advice I do hope that it helps.

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Answered on 5/25/11, 1:49 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

You do not indicate whether PIP has been exhausted. If not a claim should be filed to pursue recovery. I do not bill to process PIP claims.

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Answered on 5/25/11, 4:02 pm


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