WE GET
QUESTIONS
Dear Shawn,
“I accepted a PI patient on a lien 03/30/05. Patient signed lien then I faxed it to attorney (located in HI). In all my previous dealings with attorneys they would sign and return it to me fairly prompt. But.... in this case it's different. This is from an email from attorney to patient, "It is not the usual practice of our office to sign liens for a client's treatment. However, it is our practice to pay off any liens first from any doctor.” Is the attorney kosher in not signing lien? Please advise if you can, thanks.” Orange County DC.
A: The attorney is being “honest”. He is telling you in advance that he will not honor your lien, at all. He is informing you, that your work on his client could be for free. Depending on how he feels, he may or may not pay you. He has no legal obligation to even try.
You might want to make cash arrangements with the patient, or suggest the patient to get a pro chiropractic attorney. Don’t take extra time trying to convince the attorney to sign the lien. He’s fully revealed his colors.
Have a look at our website on how to collect on your PI liens in 3 easy steps.
www.ShawnSteel.Com
SHAWN STEEL ADVANCED PI SEMINAR:
April 9, 2005 LAX-Marriott
Time 8:00am to 5:00pm
Shawn Steel is speaking at:
H.J. Ross Advanced, LAX, 02/03/05 |
GOOD RESULT IN FRESNO
DEFENSE - DC TAKES A HIT
Dr. Jeffrey Stoltenberg, DC must still be smiling. His patient Consuelo Heredia had the bad luck of getting struck by an Allstate insured in a rear-end collision. This case is from Dec 20, 2002. Plaintiff is a 53 year old maid, widow and is raising 6 children.
The police report showed that defendant’s Toyota Camry struck Consuelo’s Dodge Durango. Allstate admitted liability yet they attacked the DC and Consuelo.
Consuelo initially got care at Kaiser then saw her DC. 12 days after the car accident she slipped and fell on the job and broke her wrist. The DC separated the car injury from the work injury issues. Meds were $5604. Consuelo was willing to accept $5499.99 to settle. Allstate refused and offered only $4000.
The jury didn’t believe Dr. Little Allstate’s doctor’s testimony and gave an award of $12,064 plus additional costs of $3910.24. Heredia vs. Simko Fresno Sup Ct 03 CECG 04310
Lesson: Don't Beat Up a Hard-Working Widow.
BAD NEWS IN EL CENTRODenise a 21 year old retail clerk driving a Nissan was struck in a violent collision by defendant who ran a stop sign. Sanchez admitted liability.
Denise claimed cervical strain, low back strain and headaches. She missed only one day of work. Her medicals were only $3362. She didn’t begin her chiropractic care until 7 months following her emergency room visit. Dr. Chris Lai DC testified for Infinity Ins and convinced the jury the delay in care was not credible. The jury awarded $2140. Offer from Infinity was $1000, Denise demanded $7500. Barraza vs. Sanchez, Imperial Sup Ct L 01557.
Lesson: Delay in Care is Always Hard To Justify. |
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