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  1. #11
    Join Date
    Jun 2022
    Posts
    25

    Default Re: Lawyers Fees for Final Settlement

    Thanks Tony, No I did not sign anything else. And did contact another lawyer that one of my children had used for an auto accident. He said the same thing, that there is a statute in place so lawyers don't take advantage of people. And that she should never have asked me for more money. He also said doing a good job is what they are supposed to do in the first place. After having a few days to think, mine didn't really do a great job - I was totally unaware of what my options were during the settlement process. I am at the end of it now, already had a mediation and both sides agreed on the amount. The mediator was great and was explaining to me what the options meant and said I should have already been given this information. My lawyer sat there and said she was going to tell me... just glad the whole thing is over, well almost...still waiting on the check! But you all here have been great. And i found a lot of information on the links you provided, so thank you for that!

  2. #12
    Join Date
    May 2010
    Posts
    657

    Default Re: Lawyers Fees for Final Settlement

    Quote Quoting jerry68 View Post
    Thanks Tony, No I did not sign anything else. And did contact another lawyer that one of my children had used for an auto accident. He said the same thing, that there is a statute in place so lawyers don't take advantage of people. And that she should never have asked me for more money. He also said doing a good job is what they are supposed to do in the first place. After having a few days to think, mine didn't really do a great job - I was totally unaware of what my options were during the settlement process. I am at the end of it now, already had a mediation and both sides agreed on the amount. The mediator was great and was explaining to me what the options meant and said I should have already been given this information. My lawyer sat there and said she was going to tell me... just glad the whole thing is over, well almost...still waiting on the check! But you all here have been great. And i found a lot of information on the links you provided, so thank you for that!
    My concern here is who is getting the settlement check?....My attorneys got it then wired it to me...If they cut 2 checks its not a problem...Keep us informed on this whole thing.

  3. #13
    Join Date
    Jun 2022
    Posts
    25

    Default Re: Lawyers Fees for Final Settlement

    Thank you, I definitely will let everyone know. I didn't even think about how the check would be written. Hopefully it is written out to me.

  4. #14
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,826

    Default Re: Lawyers Fees for Final Settlement

    Jerry68, you may want to call the Maryland State Bar about that lawyer. You can google it. Probably located in the state capital. What that lawyer is doing may not pass ethical muster, and it is certainly very unprofessional.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #15
    Join Date
    Jun 2022
    Posts
    25

    Default Re: Lawyers Fees for Final Settlement

    Thank you, I am searching that now. One other question I have is another topic regarding the hippa release forms if you all have any knowledge of those. When going through all of my paperwork searching for the agreement I have with her, I came across my signed release form for the WC insurance company to be able to send my records to a Claims partner. The claims partner had my records and did a report on my future care 3 months before I signed the release. Just doesn't sit well with me that my med records were turned over to another company without my signature on the release form. So I was thinking what good is Hippa if the insurance doesn't use it properly. Any thoughts or is that typical?

  6. #16
    Join Date
    May 2010
    Posts
    657

    Default Re: Lawyers Fees for Final Settlement

    Quote Quoting jerry68 View Post
    Thank you, I am searching that now. One other question I have is another topic regarding the hippa release forms if you all have any knowledge of those. When going through all of my paperwork searching for the agreement I have with her, I came across my signed release form for the WC insurance company to be able to send my records to a Claims partner. The claims partner had my records and did a report on my future care 3 months before I signed the release. Just doesn't sit well with me that my med records were turned over to another company without my signature on the release form. So I was thinking what good is Hippa if the insurance doesn't use it properly. Any thoughts or is that typical?
    Im not a lawyer, but Im pretty sure you dont have hippa rights in a WC case?....Its been talked about a few times here.

  7. #17
    Join Date
    Oct 1971
    Posts
    5,289

    Default Re: Lawyers Fees for Final Settlement

    So I was thinking what good is Hippa if the insurance doesn't use it properly. Any thoughts or is that typical?
    Yes.

    Disclosures for Workers' Compensation Purposes
    The HIPAA Privacy Rule does not apply to entities that are either workers’ compensation insurers, workers’ compensation administrative agencies, or employers, except to the extent they may otherwise be covered entities.

    How the Rule Works
    Disclosures Without Individual Authorization. The Privacy Rule permits covered entities to disclose protected health information to workers’ compensation insurers, State administrators, employers, and other persons or entities involved in workers’ compensation systems, without the individual’s authorization:
    https://www.hhs.gov/hipaa/for-profes...red%20entities.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  8. #18
    Join Date
    Jun 2022
    Posts
    25

    Default Re: Lawyers Fees for Final Settlement

    Thanks Tony, I read thru that link and it doesn't really mention third party people. My records were given to a company that decides what the WCMSA amount should be. They did have me sign a release form, but they had me sign it after the records and report was already done. Even after reading everything, they still didn't put enough money in each year to cover my regular meds related to this. So I guess I have to wait and see if it is approved or if medicare will come back and say more needs to be in there. Anyway, this portion is holding up the settlement funds at this point.

  9. #19
    Join Date
    Oct 1971
    Posts
    5,289

    Default Re: Lawyers Fees for Final Settlement

    I read thru that link and it doesn't really mention third party people.
    My records were given to a company that decides what the WCMSA amount should be.
    It mentions "other persons" involved in workers’ compensation systems.
    In order to determine the WCMSA amount, they would have to have access to your medical records.
    That company is not a third party, they are an entity used to determine WCMSA amounts - they are involved in the workers’ compensation systems.

    How the Rule Works
    Disclosures Without Individual Authorization. The Privacy Rule permits covered entities to disclose protected health information to workers’ compensation insurers, State administrators, employers, and other persons or entities involved in workers’ compensation systems, without the individual’s authorization:

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  10. #20
    Join Date
    Jun 2022
    Posts
    25

    Default Re: Lawyers Fees for Final Settlement

    As an update - My lawyer says everything was approved and she wants to talk to me about her fees before she sends the paperwork to me for my signature. I said I was sticking to what the commission states the fee is. She just emailed me a 3rd time saying she is disappointed in me for not offering more and wants to talk to me. I again sent an email stating the same as I did before. Then I got a voicemail from her saying please call me to discuss my fees. Why can't she take no for an answer. I don't want to be on the phone again being pressured into anything. Any advice now?? I don't want my settlement held up

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