Driving to work 9 am. Was 100% sober. Driver window down, left elbow resting out top of door. "Clipped" by another driver drifted in my lane. My vehicle flipped over onto my left arm, continued fwd motion long distance, arm is permanently mangled. Same day as accident, while impaired by large doses of narcotic pain meds, hospital staff apparently allowed at fault driver ins co atty to question me (I was so out of it I don't recall seeing or talking to Anyone). MVA PI firm in Chicago agreed to take my case, Knowing I was questioned in hospital & had no recall of this. My atty said I made incriminating statements while being questioned and I should have refused to speak to "opposing counsel," damages my case and I ruined my chances to be rightfully compensated for injuries medical bills etc etc and too bad for me."
I was so out of it from meds I didn't even remember talking to an atty in hospital, much less that I should decline. I was not legally competent.
Are hospital staff supposed to allow atty from ins co of at fault driver to question a patient altered bc of massive amounts of pain meds necessary due to injuries sustained due to fault of the other driver?
Is atty for insurance company of at fault driver allowed to question victim who is legally incompetent and atty and hospital staff Both aware patient/victim impaired due to hospital adminstered narcotics?
Does my atty have any obligation after accepting my case Knowing the facts to ask judge to throw out my statement made while mentally impaired?
Obviously I'm not a lawyer but I don't think the IL Bar Assn would condone opposing counsel questioning a victim who is impaired from pain meds necessitated by actions of their insured client? Nor that hospital staff should have permitted it, knowing I was impaired? Nor my atty firm take my case aware of this, then tell me after entering contingency agreement that "I should've refused to speak with other insurance company atty" when I was so out of it I didn't even remember speaking to the attorney or anyone else?
What recourse, if any do I have? My left arm is so mangled, they considered amputating it & that could still happen. This all happened less than 6 weeks ago.
Please advise on 3 questions regarding (mis?)conduct of "opposing counsel" hospital staff, and "my" atty after entering a contingency agreement with me then saying the statement I made while incompetent is damaging to my case so they aren't sure I "have" a case?