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  1. 11-17-2016 Thursday Hi, FindLaw: So we were told by our attorney that there were liens in place on the MCV. Which prompted the recent visit as described below. Recently, we went to the MCV billing to find there were no liens in place until I mentioned bankruptcy to them the 2 employees one for the hospital and the other employee for the physician side of MCV. Of this day I also mentioned there was an attorney in this personal injury caused by someone else who was at fault. The next day we were told the bills were at the Attorney General Virginia. We were told that we were represented by an attorney so they could not speak to us further about any bills. So if those bills went over to the Attorney General Virginia's office then there was placed a lien on the bill of $40,000. As the law states above there should be no lien over the amount of $2500, right? My other question is this that why does the Federal government get a break on medical costs along with the insurance companies yet the consumer is forced to pay full retail. I call that being unfair in market prices. I get the feeling our attorney has put the case on the back burner for 3 years. This attorney could had cut our personal costs of $130,000 we spent in a 2 year period to find out other car accident injuries in another state since MCV told us they could only work on 1 body part at a time. This attorney could had told us the value of the policy limits of $100,000 3 years ago. And who do we fault for moving slow on this personal injury case? This attorney said he could claim a torn rotator cuff only when there were other injuries. This attorney could had cut our losses a long time ago. This whole case has turned out to be a huge waste of our time to find out the other injuries. It seems that the lobbyists for the insurance companies lobby to make sure the insurance industry suffer no monetary losses as the injured can suffer tremendous loss on finances, injuries, hospital bills, physician bills, pharmacy bills and income loss, etc! There is an ongoing case but the answers we get are vague which is why I am here trying to find out the right answers!
  2. Whenever any person sustains personal injuries caused by the alleged negligence of another! We are the injured who received injuries caused by the at fault driver. The MCV bills are $40,000. Now this document said hospital should be paid 2500 not 40,000. The 40,000 is full retail price. Now the Federal government and the insurance companies never pay full price on any medical services for their clients!
  3. 11-17-2016 - Thursday Someone please explain this law to me and what it means!! Is this about the make whole doctrine in all 50 states? Does this mean of the settlement money received by the insurance company that the payout or subrogation is limited to what funds are taken by the settlement money? For us does this Virginia law also pertain to MCV - Medical College of Virginia hospital services which are related to a car accident? If so, and the attorney we worked with did not apply this law does that mean he is a malpractice attorney? Thanx!! § 8.01-66.2 Lien against person whose negligence causes injury Whenever any person sustains personal injuries caused by the allegednegligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services and transportation provided by an emergency medical services vehicle shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $ 2,500 in the case of a hospital or nursing home, $ 750 for each physician, nurse, physical therapist, or pharmacy, and $ 200 for each emergency medical services agency providing emergency medical services or emergency medical services vehicle transportation on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries. Lien against person whose negligence causes injury (§ 8.01-66.2)—Virginia Decoded - Virginia Decoded https://vacode.org/2016/8.01/3/7.1/8.01-66.2/
  4. I found the answer I was looking for continually searching for it! I am also a web writer. And you can't sue someone if it is the truth with facts to back it up! Our attorney said because they made an offer it is not bad faith. Whoah! But this law group I found said this of bad faith for this is the position we have been put into! Yep, the below is us right now! Forcing a claimant to sue and then settling the suit for far less than the claim is worth because of the dire financial need of the insured and the high cost of litigation; the carrier usually spends less in legal fees and expenses than the cost of interest on the money that it improperly refuses to pay out, and settles for less than what it should have paid to the claimant, so that the company is a net winner, and the insured and public are net losers.
  5. Why is it any attorney's business to pay off our medical bills? IT should not be! Attorney does not know of our current financial business either but we did make him aware of our situation several weeks ago. But we spent money to get the facts of our injuries. We should not come out of this mess as losers when we spent our own 100,000 to get answers!!
  6. Yes, pg1067, thanx! I get that there would be financial consequences, too, if changing out of lawyer!!
  7. Oh, so we getting screwed now! We come out of this deal having no money at all. The paralegal and attorney could had told us how this outcome would be in the first place. They settle such cases all the time. I have had an accident attorney before and he did not pay my bills. He collected the insurance settlement money and that was it! Husband is not getting policy limits either with all the verified body parts injured by accident. And of that amount the money pays the attorney first then the medical bills which they have had time for liens to be put into place while we wait thinking our attorney is looking out for our best interest. I am thinking he gets a kickback for paying our bills like a lawyer bill collector and then he gets a nice chunk of it himself and we get left holding the bag with pitiful amount of what's left over of the money. But thanx for your help adjusterjack!!
  8. Is there a sneaky way to find out the policy limits on the defendant? Does having the police report help to find out more info? And our attorney never pursued getting any cell phone records either. He told us it didn't matter. We have been trying to find out if she was on her cell phone at the time from our attorney but so far he has never gotten cell phone records for us at all to prove she was on the cell phone. We'd really like to know why this accident did happen to us. And to find out about any traces of liquor is neel now. Should have been done right away but the trooper never got that done either a blood alcohol test! Wonder if we can sue the VA State Troopers for such a lame job!
  9. Are you saying it should already to have been filed in court by now? If not, then what do we do? Do have to pursue attorney malpractice then? We were told the lawsuit was 350,000 for me and 1 mil for my husband by the paralegal. We just found the value of the policy of an 18 year old which she probably was on her parents policy. Even if he went to court he said the courts can not force the insurance company to pay more than what the policy limits are. Is our attorney correct to say that? Thank you for your help rockmehardplace and adjusterjack.......
  10. Okay, any good reliable attorney's out there today? Need help! Our accident settlement is getting eaten up with medical liens and attorney costs. We will be left with nothing almost! Any ideas of what to do???? Thanx!
  11. The case would go to Goochland! I looked and it is not there! But here is the website as you suggested but our names are not there! Case Status and Information http://www.courts.state.va.us/caseinfo/home.html It is not in the Circuit or General District at all... If it is not in court now then what?
  12. They got one of those delay to go to court. There is a legal term for it but don't remember it! I am sure you that legal term. Where do I go to see if it got filed. But if they delayed it then I won't be able to see if it was filed or not, right?
  13. No, he did not share any interrogatories with us. He has been working to settle this out of court! You did a job to cover most of all the questions asked! I have no idea who you are yet you don't practice law! You are better at this than I. I thought interrogatories were about a case that is going to court! Do they still get interrogatories if the case does not go to court? Thanx!
  14. 10-13-2016 Thursday - Story of Car Accident - 18 year old reared end us in 12/2013. It was the interstate where she was driving down the middle of the highway hit us from behind to flip the car to the right side landed on the roof in the ditch. She told us she was going home from working at a local small restaurant. Facts are the police gave her a following too close ticket. The police report states she was going 80mph in a 70 or 65 mph zone. The police never took pictures, nor got witnesses that were around us at the scene, nor took alcohol test. She looked at us while holding her cell phone. We think this is a distracted driver on the cell phone accident. Our attorney acts like he is working for the other side and not us? Why? It all looks like a scam now. No one in the beginning explained what we were signing. We always met with the paralegal not the attorney. Instead of being truthful about our case they should have told us what the claim was worth in dollars, should have advised us to stop seeing doctors if they knew the value of the claim, but let the 2 years drag out so that the medical facilities had time to place liens, allowed my disability payment to run out in 2 years, watched us drain our own 100,000 dollars to zero dollars now as we pursued finding our accident injuries only because medical student university said they could only work on one body part at a time, paralegal told us that the value was 350,000 and husband was worth 1 million, now told the policy value is only 100,000 each. Husband's medical bills total 61,000 estimate. Attorney fee is probably 33 and 1/3 percent. We were told that we can't file bankruptcy because attorney told us he would drop the case and he would get nothing a zero settlement. It appears he may get a kickback from medical facilities as like those attorney's who collect delinquent bills and even a kickback to low ball us with defendant's insurance adjuster. And I am sure there might even be a paper we signed that might pertain to a lien to the settlement if we ever thought of backing out of the deal! Is there a way to get rid of the attorney now? And if we do get rid of the attorney do we forfeit losing settlement money and statue of limitations. The date of the accident was 12/26/2013. Today is 10/13/2016. I see where the insurance companies and the attorney's have it all figured out like a scam! The medical bills and the attorney fees eat all of the settlement money up! What do we do now? Can we still file bankruptcy? Can let go of this bad attorney? Do we lose the settlement money because of the statue of limitations? Do we cut our losses and move on? Can we later file an attorney malpractice? Can we later file medical malpractice for the Physician Assistant telling us they can only work on one body part at a time? Even though the accident was in Virginia our home address is in another state. Should we file bankruptcy in Virginia or our state of residence by our drivers license? What do we do now? It also appears the attorney let all the time run out but to let us know it's either settle out now or go to court where they can only get the limit of the policy for 100,000 and no more which he explained would eat up the settlement money in court cost. And is there any way to find out from the insurance adjuster the true value of the policy? We relied upon what we thought was a truthful attorney as in you know to put your trust into someone who knows the laws. Our attorney even told my husband that the orthopaedic doctor we saw that we liked and very honest to us yet told our attorney that there was not much damage from the original damage. My husband's orthopaedic doctor told us that he could see that the body part tore out more as a result of the accident. Even though my husband was not working at the time he did plan on going back to work at a later date but because of the accident which limits him to work was never considered an item in the settlement. My husband continues to have medical problems because of the accident. And the attorney told us that the 18 year old had 100,000 policy. What 18 year old can afford a 100,000 policy? We are betting the 18 year old was on the parents policy! How can we ever find out the actual value of the policy! You see many things we have been told so far by this attorney and his paralegal do not add up! Please advise us the best course of action to take now! Thank you for any help given to our situation today on 10-13-2016 - Thursday!! P.S. By the time they pay everything off there will be nothing left of the insurance adjuster's offer of only 80,000 to 82,000. Final question is if the value is 100,000 why not pay all of it to us??? And the attorney also told it did not matter if she was on the cell phone because the defendant's insurance accepted fault. We were also told the insurance has not acted out of bad faith either! PLEASE HELP US!!! Our age is 61 and 59 years old. When we signed in the beginning the client attorney documents I can tell you our minds were fuzzy and still fuzzy to this day from the car accident!! Makes us want to sue our attorney for our being incompetent when signing their documents! Also, do I need to get out of my lawsuit with this company? Or can we leave all this hanging in mid-air and do nothing? What happens then? IF this were to go to court in Virginia can the jury and the judge force the insurance company to pay over the limits of the policy? Our attorney told us that the courts can only get the limits of the policy for only 100,000? Is our attorney right or wrong on this point? Alot of husband's medical bills were paid by medicare which now has lien on them we were told by our attorney! We're pretty sure all medical bills have lien on them now only because our attorney was working behind the scenes rather against not for us. Attorney gave us a copy of what we signed about if we go bankrupt we get nothing from the insurance company! How do we get rid of this attorney now? Or should we get rid of this attorney?
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