AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question Hi, Doctor Settlement!
I lost a tooth after a dentist convinced me to perform a root-canal on (assymptomatic) tooth and screwed it up. I hired a lawyer who neglected a statute of limitations, and instead started a world war with numerous motions, and initialy won a motion (on SOL). The dentist appealed to the Appellate Court and, of course, reversed that decision, with costs.
Now, a judgment is entered against me (the plaintiff) for about $3,000 in costs and disbursements, even though, that it was completely the fault of my attorney. (He even don't give a damn to inform me on that).
I understand that I can sue him for legal m/practice, but what can I do right now to redress that judgment to be paid by him, not by me?
(A while ago you advised me to look for a lawyer to take this case by step up conting. fee to 40% and up, as well as other arrangements. You opined that I will have a problem to find an attorney because of underlying dental case, and it is very true. Still, I have a lot of time left to find someone. However, a judgment should be dealt within 30 days).
Thank you very much for your continuing support!
Answer Ahhhhh, Vlad, you caught Dr. Settlement in the middle of my Memorial Day vacation. Just happened to login tonight to find your question waiting.
First off, thank you for the kind feedback marks you left for me. I appreciate that. Now for your answer. Brief answer: LET THE JUDGMENT GO OF RECORD VERSUS YOU—that produces the damages for the malpractice claim. Even better if they execute on the judgment and garninsh your wages. THAT makes for BIG damages in the legal malpractice claim.
I went back and read my answer to you and think that my advice still holds the best. In that question, the attorney was a woman who was not at all involved in making a lawsuit vs. the dentist. ["I called to my attorney about those records, but she simply does not return my calls. I even don’t know whether or not she ever requested and received those record from treating dentists. How can I get this dental record from my attorney (or former defendants, who got out of the hook thanks to her negligence)?]"
Now you mention that it is a man attorney??? What gives? Maybe the attorney is an "it"—i.e. a legal corporation? I hope we are dealing with just one instance of attorney malpractice, no matter if it is a she or a he or an it. That makes it easier to get a legal malpractice claim started.
Did your first attorney withdraw or what happened such that the dentist prevailed?
I am left to guess that somehow the lawsuit vs. the dentist went on to motions which the first attorney lost. Hence, THE FACT SHE WENT FORWARD WITH MOTIONS tells you that she thought your underlying case did have merit.
Now that she lost the motions, you have the judgment versus YOU. I would file a claim versus the attorney and let her/him/it defend or pay the judgment PLUS your damages that she/he/it were demanding from the dentist.
Send a certified letter to the attorney stating (1) THEY MUST PAY THE JUDGMENT FORTHWITH OR IT WILL DAMAGE YOUR CREDIT RATING, and (2) tell of your intention to sue her/him/it and tell them to put you in touch with their malpractice carrier.
You need to renew your efforts to hire a malpractice attorney. THIS JUDGMENT SHOULD BE ALLOWED TO BE OF RECORD VERSUS YOU. Why? Because it will damage your credit rating, and HENCE, you FINALLY will have some damages to complain about. That will attract the new attorney.
I trust that my extra time here has 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.
