My Attorney Quit Today

[Speaking Out]

My attorney quit today sighting he and I's communication difficulty as the reason, so I owe him nothing, but now I'm stuck trying to get another attorney to take my malpractice case at this late date. If I pursue the medical malpractice under the FTCA they will off set the amount I get for that with my service connected disability pay and then hold my disability pay until it reaches the lump sum. Am I better off dropping the FTCA and applying for my benifits to be raised from the VA. I don't know what to do and it is all hitting me so hard that I can't stop crying or shaking and I need some advice from you on the forum of what I should do. I feel like if I give up that I will never be able to put this behind me because I will always hate the VA, but if I go forward I feel like I am in a lose lose situation. Any thoughts?

[sixthscents]

This is a weak area for me... I am going to follow this thread and others like it....

[Berta]

"I've had offers for legal malpractice against my attorney that is quitting"

I suggest you follow that through-

however why dont these lawyers want to represent you in the FTCA claim too?

Were they interested that the DAV did not advise you to file a Section 1151 claim?

The DAV could have possibly been negligent and could have cost you monetary damages.

Bu by all means= allow the DAV to mitigate this and to support a Sec 1151 claim now-

This all doesnt make really sense to me-

Based on your posts I believe that VA has made you an offer of $30,000. ???

My experience on these offers mean these offers are documented at the VA counsels office-

I never got a copy of that documentation-in my case-I wasnt interested in the initial offers until they got to the amount that was what I wanted and the settlement was then fully documented to me in the settlement papers- I am talking about an offer on a settlement letter with United States of America right at the top of the page -as the settlement is made by VA on behalf of the USA.I sent this to the VA in support of my Section 1151 DIC claim and it was awarded.

All you need to do is file a Section 1151 claim and then attach and refer to in -that claim -the settlement offer from the US of A.

I never had a lawyer with my FTCA claim-

you know it better than any new lawyer would at this point anyhow-

then again if you found a malpractice attorney for the other problem-with the other attorney-why wont they just handle the FTCA too-

[Speaking Out]

I am going to the DAV today to file for the 1151 and IU. I am going to file an NOD on my last claim because the evidence they sighted in the reason they gave me 50% is what they have listed to qualify for 70%. I am also going to file for the edometriosis claim to be re-opened because the tests they said they were waiting on to evaluate for my increase are in now. I contacted the ACLU here in Indiana to see if they might be able to give me legal help and I sent emails and voicemail to a couple of pro bono groups here in Indy. My attorney has to wait five days before he can submit the paperwork to be taken off the case.

[Speaking Out]

The reason no attorney wants to pick up the medical malpractice claim is that it is so late in the process. We should be doing depositions already since our discovery date is in May. Also, if I get another attorney, my previous attorney will put an attorney's lien on the settlement and the two attorneys will have to split the 25% and it isn't worth enough money to them because they know how the VA doesn't play nice and that they'll have to do allot of work and not get enough $ out of it. I have all of the written offers from the VARO counsel and I am going to take them with me when I go to the DAV. The way I see it is that if I had filed for 1151 after this happened I would have been getting a larger amount every month and possibly IU so I know the DAV made me lose money. I am just so tired of this. You know the average person lives their whole life and is never a victim of crime. I have been raped, robbed at gun point, had my purse stolen, and my home broken into, and then there is the medical malpractice where the VA let me believe that I had had my second miscarrage of the year and I discovered the error and the fact that they knew. I try and live my life so that I am kind and helpful to people and I do the right thing because it is the right thing to do, not because there are consequences. I am just tired of always battling up hill. I need a break. Thank you for being there for me. Lisa

[cloudcroft]

Speaking Out,

Sorry to hear your lawyer bailed on you...but that's one thing they do pretty well: Take the easy way out.

I am disgusted with lawyers.

Like most people, I have had a low opinion of them since the 1970s, but recently with my auto-accident, I went through 3 of them, all of whom bailed-out on me -- and thus wasted about a year of my 2-year statute of limitations period -- so now it's just I who will "take the case" but will have to go to Small Claims Court (JP court) which limits the amount of $$ I may recover. Besides limiting me on the damages I can get from the sorry bum who caused the accident, the chiropractor gets stiffed completely (wont get ANY $$ for my treatment) because of said limit on damages. And the bum who hit me won't get "hit" for the max damages the law would allow in the higher courts. But you need a lawyer for the higher courts. I don't have one anymore. Catch-22. And as a result of dealing with these 3 lawyers, I am sure that no other lawyer will take my case for the very same reasons so I am through with them. Period.

IMO, lawyers deserve their poor reputation because:

1. If the case requires too much work (most lawyers are lazy) -- they want out.

2. If there isn't "enough" money in it for them (most lawyers are greedy) -- they want out.

3. If you keep after them trying to be kept informed about your case -- since the inconsiderate rude jerk lawyers OR your so-called "case managers" don't care to inform you themselves -- they want out.

4. If you're not seriously-enough injured for them (related to point 2) such as being killed or almost killed -- they want out. They couldn't care less about your injuries/pain/suffering, just what all that means to them $$-wise. They also don't care about the person who caused the accident -- hurt you and totaled you car -- getting away with that scott-free because the lawyer bailed out on his/her client.

They MIGHT stick with you if you are friend or family, but that's about it. To people they don't know -- like us -- it's a different story...and a real crap-shoot to find one who really cares about you and your case.

In short, most lawyers are arrogant, whining, greedy, uncaring, insensitive SOBs who couldn't care less about justice, just what's in it for them.

So, Speaking Out, welcome to the "rejected client" club. You're not alone! I can only hope that there is a special place in Hell for lawyers...probably right next to Pawn Shop owners.

As I've mentioned earlier here, my last VA claims case took 4 years. I did it without a VSO and without any legal help, although back then, before my recent auto-accident lawyer misadventures, I DID consider getting legal help. But I've come to see they are aptly called "leeches" for a reason, so I was doing my best to avoid them and going on alone.

But sometimes, when it goes beyond your highest level of competence/expertise -- if your case goes to the CoVA for specific example -- you HAVE to get a lawyer (like banks, the dictionary example of a "necessary evil"). And once again, it's a crap-shoot to find a good one, not only one who is competent in VA Benefits law, but also who is a real caring human-being if you will. And from what I've seen doing Internet searches and reading various veteran forums, VA Benefits lawyers -- caring or not -- are so few and far between they may just be the stuff of Medieval legend rather than reality.

Others here are giving you some good advice what to do next now that YOUR particular bottom-feeder abandoned you. I don't know anything about your personal VA Disability Claims case, the merits of same, the medical evidence you have to support it, C&P results, etc., so I am just speaking in general here, but yes, if you CAN get the guy for bailing on you do so. But as for your MORE IMPORTANT issue -- your VA claims case -- I hope you can find a solution without having to get another lawyer. The lack of stress dealing with that pathetic "profession" may be well worth it.

-- John D.

Edited March 6, 2007 by cloudcroft

[Berta]

Lisa -I know how distressing all of this can be for you.

The VA didnt put hills in front of me to climb in the years after Rod died-

they put MOUNTAINS in front of me for me to climb.

I went up, around, over and through those mountains.I won those claims and gained considerable knowledge as to VA by being in that terrible 4 year long ordeal.

"The way I see it is that if I had filed for 1151 after this happened I would have been getting a larger amount every month and possibly IU so I know the DAV made me lose money."

I agree -and it is not too late-to file a Section 1151 claim.

Use the same evidence for the Sec 1151 claim that the VA has that got them to reach the award amount under FTCA.

They did something wrong and they know it (VA)

so did your NSO but he has a chance to rectify this.I would sure allow him to help you pursue 38 USC Sec 1151 claim (if he knows what that reg means)