Quote:
Originally Posted by MS Fowler
OK, guys, Thanks for all the replies!!.....
The bad part was that he put a metal plate in my thumb, so I have no use of my thumb at all. I cannot button shirts, thread a needle, play my piano, write for long periods of time and there are many other handicaps from this.
I am paying this man to do nothing for me. I have $9000.00 in outstanding medical bills. I missed a whole summer of work because I had no right thumb. All this man does is whine about not being able to get MAIF on the phone.
We do know one delay is that MAIF is trying to connect this to a thumb injury I had in 1983 when I fell roller skating. I pulled a ligament out of the thumb and had a new one put in from someplace in my arm. Same ortho, so he knows my history. One was a ligament injury 25 years ago and this one was a bone injury. I had no history of thumb pain prior to this guy hitting us so hard that my cast broke. My ortho has testified in writing that the old injury has nothing to do with this bone injury.
So, how do I get rid of this jerk and get someone who can help settle this. He has not filed in court, just makes phone calls. GUYS, PLEASE HELP. I will not make my husband sell his Mercedes to pay medical bills from someone else's actions. Frankly, I like the way I look when I ride it in, especially after today and my hair is blonde again. Thank you to anyone who can help me with this disaster, which will be 3 years old in March. He did file right away, so I am not worried about the limitations yet. Should I be? HELP!! The uselss one is name is Robert Miller on Main Street in Bel Air, Maryland. His phone is 410-879-8009.
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Your two quotes conflict; you said "he did NOT file in Court", and then you said "he did file right away". Did he, or did he not, actually file a lawsuit in Court yet? Is there a civil complaint? Do you have a conformed copy of the compaint?
Have you completely settled the FIRST case yet? (full and final settlement from State Farm - everything paid?) Or not? Has a second lawsuit been filed in Court on the State Farm case? Should one be?
Is the lawyer you have now (Miller) only representing you in the SECOND case?
That threshold question should be known, as if he DID not, then the statute of limations will run out in March 2008 IF it is true in that state (I assume the wreck happened in MD.) that the statute of limitations is 3 years for this kind of injury. I don't know for sure.
If the guy did NOT file a lawsuit yet, it needs to get done ASAP.
You have stated you have $9000 in actual medical bills, lost wages fo a summer, permanent loss of use of the digit, there will be future loss of wages, pain and suffering, and all kinds of $$$$ damages. You have the right to sue for these.
It sounds like State Farm and MAIF know VERY well about them, but maybe they just don't want to pay. Check and see about "contingency fee lawyers" when you shop for a new one. They take the case and only charge you if they win.
(usually the fee out here is often around 33% of your $$$ recovery if they get it BEFORE a triial in court, and about 50% if they have to go into Court to get it.
You could get quite a lot out of these two accidents, if they handled right by good legal counsel.
You need to get recommendations for a GOOD personal injury lawyer, hire him IMMEDIATELY to preceed with the case, - or both cases - ( I understand there could be two separate injuries here?)
Ask the NEW lawyer if the statute of limitations has run. If the answer is YES, then you probably have a malpractice case on your hands against the original lawyer, and you need to talk to a really good attorney that is a malpractice law specialist, and ask him if there is a winnable case against him.
If you don't know the names of good malpractice law attorneys, ask your local Bar Association (ABA) to recommend one. You are close enough to Washington DC that there must be some good ones around.
From what you have said, the policyholder of the high risk driver (teenager) this MAIF or whatever it is, knows VERY WELL about your injuries (thumb problem especially) and itsounds to me that they are also doing all they can to delay obsfucate and hope it all goes away.
If you are looking at lifetime functional loss of your thumb, (can't use it for anything anymore?) this fact could possibly mean serious damages that they
would have to pay. They are absolutely liable, as the policyholder slammed into the rear of the car you were in, and they know it, they just want to get out of paying or pay as little as possible, and diminish what they have to pay by mentioning a preexisting injury to the thumb. (They might say, it was already ruined by the previous wreck, and therefore won't have to pay for very much of it.)
It would appear the lawyer you picked might be one of these lawyers who claims he does "everything", like those mechanics that say "we specialize in all domestic and foreign cars" and probably is an expert in nothing.
You need to interview another lawyer, find yourself a good one to take over the case, and hire that one. I would think the new lawyer will be able to get the old lawyer (Miller) to hand over all his notes, case files, and filed court papers and correspondence to the new lawyer. I think all of that (attorney's work product) IS is your property after all, don't you?
In sum: Has the first case settled and you signed off a full release to State Farm yet?
If not you have TWO cases open not one. You might need lawyers for both
1. Find out if the statute of limitations has run. (if it has, interview a good malpractice law specialist who is an attorney, and hire him if malpractice has been committed - it has, if the attorney Miller let the statute run out.)
2. Find a GOOD personal injury lawyer, and hire him for one, or both, cases, as necessary.
DO IT NOW, without delay. It is possible from what you said that you have a lifelong dimunition of use of that thumb, and each defense lawyer for the person who caused the two accidents will try and blame the other guy, or you childhood injury for your present injury , to get out of paying damages for it.
It sounds messy. A really good personal injury lawyer lawyer would know what to do
Disclaimer: This is NOT legal advice. Just a Mercedesshop forum person and Benz owner's opinion, is all.