AZ gal has ? about WC vs Malpractice

[azmickelson]

AZ Gal was injured 08-07 when a file cabinet fell on her. Her 1st attorney never filed her claim. Her father hired a professional, aggressive, and practiced WC attorney. At the hearing it was brought up about the 1st attorney never filing, however, the ALJ proceeded with the hearing as all "witnesses" were present.

All 3 witnesses were outside taking a "smoke break" when the incidnet occurrred. Of course the claim was denied based on the lack of filing.

The second attorney has taken the case which he says is 2 tiered. The first to show she should have won the WC case (basically a do over) which the attorney is sure we should win,, The 2nd part is malpractice against the 1st attorney for never filing the claim and to prove additional medical damage has occurred because of lack of medical treatment. The 2nd attorney states expert witnesses and assistance will tun 20,000 to 30,000 dollars, however he is not charging us for this. He claims both cases could easily reach over 1,000,000 and he would not take the case if he did not think he would win.

Has anyone else had this type of situation?

Thanks, Az Gal's Other Half

[Cycler]

must be a lot of additional damage for that kinda dough. No idea.

[1171]

those are not the amounts customary for work injuries.
workers compensation pays disability and is not based on negligence or tort law.
It might be possible if the medical condition is so extreme as to require lifetime nursing care.
the damages from the potential malpractice would seem to exaggerated.
Is the atty an experienced malpractice lawyer? that is a specialized field especially against other attys.

[jayne]

WC would never pay that kind of money unless your wife made that kind of money,,,but most states have a cap far far below that.as far as the negligence case I have no Idea as negligence is normal in WC cases and the get away with it....if he can prove it and get them to pay go for it but I believe its a pipe dream

[capricorn]

So basically what you're saying is that the second attorney wants to file a Legal Misrepresentation case AND a Medical Negligence case? If so I will tell you upfront that Medical Negligence and Medical Malpractice are two totally seperate items and also both are very expensive to not only file but to win. They work totally off the books from WC. I don't want to mislead you so I think we need more info. I do remember your wife. What are the injuries that weren't taken care of? Why didn't the first attorney file a claim petition. There is no legal representation just because she didn't win the case. Alot of us lose and it takes years to fight but it very rarely has anything to do with the attorney. Can you give more info?

Capricorn

[fireball]

AZ gal,

first of all to go after the first attorney she would have to have the signed retainer fee. just because an attorney says he will take your case does not mean he will file a claim. he is only stating he willing to look the case the over. if he feels the case has merit he sends out the retainer fee and within a week you should of recieved the copy of the claim he filed. if none of these things happened then that attorney did not per say take the case.
as far as the amount like the others say she would of had been making not only top dollar but her entire body would of had to been disabled as a whole with no chance of rehabilatation or able to work any job in the for seeable furture (not to mention with a settlement like that you are usually going to have to give up future medical payments.

take it from someone who knows--w/c is not a get rich system--too many people think its the answer to their prayers
when the real answers are to get your health back and return to work--dont rely on a system you think will be fair
and get another attorney opinion--you ve got nothing to lose--its free


cheers!!!!

ME!!!!!

[sparkey]

I say " Amen" to that. Wc is not a get rich system and people somehow always think it is. I would like nothing more than to be out of this system and it is getting pretty near to that now. I am right now sick of not being tested to find my REAL pain and get help for it. WC is not wanting to pay for testing, so I will use my own insurance and hopefully have more luck.

I believe those numbers are high, and it will take a long time to prove your case. My daughters misdiagnosis case lasted 5 yrs. and after losing her large intestine and having a colostomy bag for 2 yrs. the case was dropped. It cost me a pretty penny while fighting this and all for nothing. Just make sure you have a great attorney. I wish I could of picked my daughters but she was old enough and wanted to go through with it. For the sake of this doctor never practicing again. And she still is for pediatrics.