My question involves malpractice in the state of: New York
I broke a bone and me and my brother in law went to see a recommended lawyer. We specifically asked him about how the medical costs will get reimbursed as this was important to me and he told both me and my brother in law that you get paid first and then his fee 1/3 comes after.
There was no mistake in it as this was important to me and I would not have used him if he told me he would get paid first. We really stressed this at the time, even when I brought it up to my brother in law, weeks after I signed the contract, that maybe the contract says something else my brother in law said "no way" he told us you get your medical costs paid first before his fee.
I then waited and he called me and said he needs me to sign the papers before it's too late so, I told him that I needed time because I can't even get to his office in my condition. Anyway I went to sign papers with my broken bone and under pain medications and didn't read the contract thoroughly. I didn't have the time to read the contract and understand it because he was saying that it would be too late for the lawsuit if I didn't sign immediately because I waited weeks after injury.
I was in a lot of stress because the bone was tenting out of my skin and I had no insurance so I was not in the right state of mind at the time and especially not able to clearly read and understand the contract. I was also prescribed pain killers from the ER and had to take them in order to be able to bear the pain of the drive to his office.
Anyway I asked him on the phone weeks later when I finally could read over the contract and understand it and he is now telling me he gets paid first, he completely lied at the time me and my brother in law sat down with him because we told him we had to decide on another lawyer. I believe the contract does say he gets paid first from what I can determine as it is hard to understand.
The civil case didn't start yet as it is still early. He may have filed the lawsuit against the city already.
The case is a very good cause because I have video of someone causing the accident while I was on a bike and he worked for the city also which means a higher payout for the lawyer. He really wanted the case at the time.
I really felt that I was lied to and was rushed to sign the contract while I could barely use my arm and wasn't in any condition to read it thoroughly like I normally would have.
I am a CPA and I normally always read the contracts for everything, but under my health condition and medication I could not have done it. I was also under lots of pressure to get the surgery as the bone was pushing against the skin ready to poke through.
Please can someone give me some advice on what I should do here? I paid a lot of money out of pocket for the surgery and don't want to now give him 1/3 of that as he really mislead me and my brother in law at the time.
Should I just wait for the court case is over and then sue him based on the facts or should I find another lawyer at this point? I feel finding another lawyer he may be able to hit me up with lots of fees.
Thank you for any help you can offer me.
I broke a bone and me and my brother in law went to see a recommended lawyer. We specifically asked him about how the medical costs will get reimbursed as this was important to me and he told both me and my brother in law that you get paid first and then his fee 1/3 comes after.
There was no mistake in it as this was important to me and I would not have used him if he told me he would get paid first. We really stressed this at the time, even when I brought it up to my brother in law, weeks after I signed the contract, that maybe the contract says something else my brother in law said "no way" he told us you get your medical costs paid first before his fee.
I then waited and he called me and said he needs me to sign the papers before it's too late so, I told him that I needed time because I can't even get to his office in my condition. Anyway I went to sign papers with my broken bone and under pain medications and didn't read the contract thoroughly. I didn't have the time to read the contract and understand it because he was saying that it would be too late for the lawsuit if I didn't sign immediately because I waited weeks after injury.
I was in a lot of stress because the bone was tenting out of my skin and I had no insurance so I was not in the right state of mind at the time and especially not able to clearly read and understand the contract. I was also prescribed pain killers from the ER and had to take them in order to be able to bear the pain of the drive to his office.
Anyway I asked him on the phone weeks later when I finally could read over the contract and understand it and he is now telling me he gets paid first, he completely lied at the time me and my brother in law sat down with him because we told him we had to decide on another lawyer. I believe the contract does say he gets paid first from what I can determine as it is hard to understand.
The civil case didn't start yet as it is still early. He may have filed the lawsuit against the city already.
The case is a very good cause because I have video of someone causing the accident while I was on a bike and he worked for the city also which means a higher payout for the lawyer. He really wanted the case at the time.
I really felt that I was lied to and was rushed to sign the contract while I could barely use my arm and wasn't in any condition to read it thoroughly like I normally would have.
I am a CPA and I normally always read the contracts for everything, but under my health condition and medication I could not have done it. I was also under lots of pressure to get the surgery as the bone was pushing against the skin ready to poke through.
Please can someone give me some advice on what I should do here? I paid a lot of money out of pocket for the surgery and don't want to now give him 1/3 of that as he really mislead me and my brother in law at the time.
Should I just wait for the court case is over and then sue him based on the facts or should I find another lawyer at this point? I feel finding another lawyer he may be able to hit me up with lots of fees.
Thank you for any help you can offer me.
Legal Malpractice: Lawyer Lied to Me About How Fees and I Signed Contract in Injury Case
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