Could my insurance claim to pay an already paid bills? 4 Answers as of August 26, 2015

I was involved in a car accident a little less than 7 years ago. I received medical benefits the insurance of the guy who hit me, then my lawyer settled with them, grabbed his share and held the remainder for emergency payments to providers (about $3000) My lawyer said my ins was responsible for my continuing medical needs; then he promptly sent them the bills which had ALREADY been paid.... and my ins. co. paid *them all again* and closed my benefits. I brought this to everyone's attention when I began to get copies of the erroneous repayments from my ins. co. Many of the honest providers return the overpayment, while others "invented" bills for the amounts received.... such as the hospital - which turned up with a bill - even though they had not been billing me during the intervening 3 years. Anyway my lawyer said he would look into it- but basically just blew me off for the next couple years. I called him often, and he never returned my calls. Now that the "deadline" is here I find that he wants to talk to me all the time. I have learned that he denies the existence of the remaining balance of the first settlement- and he wants me to settle. Then he tells me that he doesn't have a power of attorney for dealing with my ins. co. None of this makes any sense to me, how can my ins. co. claim to pay all those already paid bills and then close my access to my own medical benefits? I have tried to ask a local lawyer, but as soon as I tell them I want to talk about my current lawyer- they rush me off. I would like advice about this situation and my own lawyers handling of my case.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It is possible that your lawyer scammed you, and violated some criminal laws and also the Rules of Professional Responsibility for Lawyers. You can file a grievance or complaint against him with the agency in your State which disciplines lawyers. (It cold be an agency of the State Supreme Court, or of the State Bar, or organised some different way. Call the State Bar and ask them how this is done.) You may want to consult a capable plaintiff's attorney in your area for evaluation of the case, and advice and representation. This is almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 8/26/2015
S. Joseph Schramm | Joseph Schramm
Most attorneys do not want to be involved in critical comments which may involve second-guessing the way a client's attorney is handling a particular case, especially if it involves litigation. One reason for this is that most cases differ on the individual facts involved and often on some of the sub-issues involved as well and attorneys often have their own ideas of how to handle a given situation. It is also a question of professional ethics to avoid commenting on the way an attorney might be handling a matter while the attorney is still representing the client. Even if the attorneys you consulted specialize in professional negligence they would shy away from speaking with a client whose attorney is in the middle of case. Rather, they would wait until after matters concluded to determine whether the case had been handled negligently. It is somewhat analogous to a patient consulting another physician in the middle of an operation or other treatment and care to see how their current doctor is performing because things might not be going the way the patient wanted them to go.
Answer Applies to: Pennsylvania
Replied: 8/26/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Without reviewing the file and possibly talking to your lawyer, it would be impossible for me or any other lawyer to give you any reliable advice. Make an appointment with your lawyer and sit down with him and make him explain. If that doesn't work, and you want to get another lawyer, call the bar association and ask for a referral. Good luck.
Answer Applies to: Alabama
Replied: 8/26/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Then hire one, close, but not too close, to your present attorney. Be clear and open about who and what you are claiming against. Most attorneys are very sensitive about anyone who is not ethical and professional.
Answer Applies to: Michigan
Replied: 8/26/2015
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