My wife and I were in an auto accident. The case was settled out of court. Our Attorney was paid first, then he was supposed to have repaid all medicals bills prior to us getting our part of the settlement. After all was said and done, we were paid a settlement, but part of the medical bill was not fully repaid. We have been threatened by the medical provider to pay the outstanding bill or face collections. Our attorney said in a letter to us, that we would have to pay this, because he thought that the bill was less than it was. He thought it was around $1,000. and it turned out to be over $2,000. He didn't even pay the $1,000 that he thought it was. He had over 4 1/2 years to get the bills figured out. So he said we have to pay the total amount. He also said that because he gave us a break in his fees, then we were to pay that $2,000. bill. Do we have any recourse to sue him for wanting our money from our settlement back. We did sign a statement that said we would pay any and all outstanding bills. We had the understanding that if those bills were made after the settlement, then of course we were obligated to pay them.
1 Answer from Attorneys
Your retainer agreement with the attorney governs the terms of service. Generally, you would be obligated on the medical expenses. There would appear to be little basis for any type of legal action against the attorney.