Expert: Doctor Settlement - 12/25/2007

Question
My husband and I was ina amotorcycle accident last 8-2006.A 87 yr old guy,came out the parking lot &hit us.We both broke our femur and my knee ligaments were torn w/ theraphy & excersice we're a little bit better and can walk,Ihave to put braces on my knee for support so i can walk farther/longer.The insurance asked if wnat to settle my  husband hates getting a lawyer and paperwork,plus we dont much about laws and its our first time to have accident.So we settled$100.000 each but they told us not to spend the money after 1 year,so we did so all the bills are paid off but we still keep getting one like helicopter bills for$20,ooo,ambulance some doctor&hospital bills but we paid all that.Now its been ayear &4months now we got a big bill from the hospital that the insurance decline for $40,500.00 thats just my husband bills we are afraid we might get one for me either same or more.My knee havent heal all the way my husband legs bothers him sometimes specially if its cold or if its going to rain ,the pain and suffering.We know we did made a mistake settling .I cant work that much now coz I cant stand that long.What can we do, were  are scared to get a lawyer ,some of the  money we donate or help charity and we pay some of our  bills too.Can we reverse wht we did or whats rhe best thing to do,Gob Bless&Thank You

Answer
Hi Vibes1,

Your situation breaks my heart because there is not a whole lot that can be done at this stage.  Once you settle a claim for personal injuries, it is very difficult to set aside your release.  The only effective ways are if you were induced by misrepresentation, or if you had later medical problems that could not have been foreseen at the time of settlement.  Whether or not you got full value for your injuries in not going to be determinative.

I would for certain stop representing yourself in this claim because it has not turned out to be in your best interests.  Do not be afraid to see a qualified personal injury attorney.  She will take you in and treat you right and she will be a big help to you at this stage in fixing what can be fixed.

But you MUST hire an attorney to help you at this stage.  She can do three things.  First, she will examine the settlement to see if there is any way to set it aside.  Second, she will examine the medical bills and determine whether the insurance company should have paid them or set aside the money from your settlement.

The third thing your attorney can do is to fight this late bill.  If there was no billing until 16 months post-treatment, your attorney may be able to reduce it by up to half.  That will more than pay for her fees.  

By the way, you can pay her by the hour, OR MAKE IT A CONTINGENCY FEE based upon how much she can save you in reducing the medical bill owning.  

I trust that my efforts here have produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com