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Kim M

Misconduct by at fault insurer's atty, my atty or hospital staff allowing severely injured victim to be questioned by at fault ins co atty while in hospital & legally incompetent altered mental s due to medically necessary very strong narcotics for pain?

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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?

Thank you

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I have never heard of an insurance company's attorney interviewing an alleged accident victim on the same day as the accident.  Apparently lawyers in Chicago are way more aggressivethan any I have ever met.  Never the less, I am not aware of any legal or ethical bar to the attorney's actions.  Certainly the hospital staff had no duty to prevent the attorney from interviewing you.  

 

Although you may have been under the influence of pain relieving medication, that would not have prevented you from being truthful during the interview.

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13 hours ago, Kim M said:

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?

 

I'm not sure what "supposed to allow" might mean, but the answer is largely irrelevant, and I too have never heard of an insurer or attorney interviewing a hospitalized participant in an accident on the same day.

 

 

13 hours ago, Kim M said:

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?

 

There's no legal restriction against anyone talking to you under the circumstances.

 

 

13 hours ago, Kim M said:

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?

 

That would be the appropriate thing to do.

 

 

13 hours ago, Kim M said:

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?

 

Despite your use of question marks, none of these sentences are questions, and the Illinois Bar Association is a private trade organization.  It's not the organization the regulates attorney conduct.

 

 

13 hours ago, Kim M said:

What recourse, if any do I have?

 

Your recourse is to sue the at-fault driver.  The biggest problem you'll likely have is that most folks don't have the income or assets to compensate for a catastrophic injury beyond the limits of their liability insurance coverage.  The biggest exception would be if the driver were acting in the course and scope of his/her employment such that a much larger insurance policy or deep pockets might be in play.  If the other driver was not acting in the course and scope of his/her employment, you're not likely to be fully compensated regardless of what happened at the hospital.

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5 hours ago, RetiredinVA said:

I have never heard of an insurance company's attorney interviewing an alleged accident victim on the same day as the accident. 

 

Nor have I. Insurance companies generally don't engage their attorneys until a lawsuit is received.

 

14 hours ago, Kim M said:

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?

 

Are you sure it was an attorney and not just an accident investigator? I'd be more inclined to believe it was an accident investigator. Getting a statement as soon as possible is just good claim handling.

 

14 hours ago, Kim M said:

Nor that hospital staff should have permitted it, knowing I was impaired?

 

Wasn't their problem. Somebody visited during visiting hours. Hospital personnel have better things to do than scrutinize visitors.

 

14 hours ago, Kim M said:

"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?

 

There is absolutely nothing wrong with your attorney giving you an honest evaluation of your case when information comes to light that might have a negative impact on it.

 

 

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1 hour ago, pg1067 said:

The biggest problem you'll likely have is that most folks don't have the income or assets to compensate for a catastrophic injury beyond the limits of their liability insurance coverage

It is for that reason I carry a very high liability limit which then becomes the limit of my uninsured/underinsured coverage.  Basically, I buy insurance for the other drivers.

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