Need Help? Do I need a lawyer?

[myip]

My parents are in a car accident. My father is at fault. My mother is suffering a major injury - being paralyze from neck down if she survive the next few days. This happens just on last Sat 9/26. I took a overnight flight and now I am in Toronto, Canada. The neurosurgeon recommends us to get a lawyer. This lawyer happens to be in the hospital with all the paper work to sign (should trust my gut feeling). --> recommend by the neurosurgeon. The lawyer is basically going to file a claim against my father on behalf of my mother. The lawyer says we need to get benefits from State farm insurance since we have $1 million liability. My sisters and I sign the paper this afternoon. WE have NO ideas as what we sign. -- Our husband say we are suckers to sign the paper in distress. We are totally agree on it. We just send a fax over to the lawyer office to suspend the case until we review the document that we sign. Everything going too fast and we have to make decision asap. We don't even know whether my mom will survive the next few days. My question, if you live in Ontario and involve in a major accident. What are your experience, do you get lawyer since this is a no fault insurance. How difficult to file a claim with State Farm? Any good lawyer recommend in Toronto -- who to speak to? If we file a claim against my Dad and the State farm doesn't pay..--> will my dad loose his house.

We basically want extract as much money from State Farm Insurance for my mother care (if she leave the hospital). Don't know where to begin... I just got back from the hospital and trying to google and looking for info. We are tired and not thinking clearly.

 

[Passepartout]

First, I am sorry for the situation you find yourself in. There are too many questions. Are your parents Canadian and is your Mother qualified under Canada's health care system? I think the short answer is 'Yes, you need a lawyer'. Somehow I doubt it's the one recommended by the doctor. The purpose of your father's insurance is to protect him. It doesn't make sense for his insurance to sue him for the care of your mother.

I am not a lawyer, nor am I Canadian and have no idea whom to see, but Toronto is a large city, and surely a law firm could review the papers and provide an opinion that may either support or contrast the opinion of the recommended lawyer.

The most important thing is to get the appropriate care for your mother. These type situations can go through your insurance cap very quickly. Good luck.

Jim Ricks

 

[Rose Pink]

I cannot help with the legal advice but I wish you and your family the best. I hope your mom pulls through okay.

Were there other vehicles or property involved in the accident? If your father was at fault, I'd be concerned about others suing him for their damages. Then he'll definitely need a good defense attorney.

It does seem insensitive that the lawyer was right there with papers to sign during your duress. We call them "ambulance chasers." Of course, it is money for the lawyer as he will take a cut of anything the insurance pays. If he can get you more than what the insurance would otherwise pay, then it is a good investment.

 

[applegirl]

Having the doctor recommend a lawyer who just happens to be there with all papers in hand sounds so suspicious.

I'm sorry for your parents situation. You need to find a lawyer on your own.

Janna

 

[myip]

First, I am sorry for the situation you find yourself in. There are too many questions. Are your parents Canadian and is your Mother qualified under Canada's health care system? I think the short answer is 'Yes, you need a lawyer'. Somehow I doubt it's the one recommended by the doctor. The purpose of your father's insurance is to protect him. It doesn't make sense for his insurance to sue him for the care of your mother.

I am not a lawyer, nor am I Canadian and have no idea whom to see, but Toronto is a large city, and surely a law firm could review the papers and provide an opinion that may either support or contrast the opinion of the recommended lawyer.

The most important thing is to get the appropriate care for your mother. These type situations can go through your insurance cap very quickly. Good luck.

Jim Ricks

-- my mother is Canadian and has OHIP (Ontario healthcare). The hospital bill will be taken care of by the OHIP. A lot of other expense will come in. ie: car for disabled, ramp for the house (may need to sell house), shower, caretaker or nurse with mom... I am not worry the insurance company go after my dad. I am worry the lawyer will act on my behalf to go after Dad access after $1 million liability payout from the insurance company. Lawyer say my sister and I should file claim too for emotional distress etc... so that we can get max money from insurance. My mom also need to file a claim against my Dad because she is the passenger...

We never really think about getting a lawyer until the neorsurgeon talk to us about it - the cost of after care - (if she leave the hospital). Mom is in ICU (intensive care unit). No timeline as when she can leave. I will call the law society of Ontario's lawyer referrals services tomorrow morning.

BTW: The lawyer takes 20% of all settlement. He told me it is usually 30% since it is refer by the hospital - we get 20%.. What is the rate usually? - Need some point of reference.

 

[ricoba]

I am sorry for you and your mother.

Yes, you should get an attorney. But you should also take your time to look for one that you feel will be the best help for you and your family.

To my understanding it does seem that Ontario is a "no fault" province,(just like most Canadian provinces) and that you buy private insurance in Ontario, vs a provincial insurance such as in BC where you have the ICBC (Insurance Corporatation of British Columbia).

We have been involved in auto accidents in Canada and dealt with an attorney we knew and trusted. In our most serious case my wife had to sue her sister, who has at fault in the accident. There were no hard feelings, it's just the way it is done in a "no fault" province.

I find it quite odd that the neurosurgeon recommends an attorney and one just happens to be at the hospital with all the paperwork????

I would personally hesitate to deal with an apparent "ambulance chaser". I would rather take my time and investigate and interview attorneys that I find in the Yellow Pages or upon the recommendation of friends or family in Toronto.

All the best to you and your family.

 

[ricoba]

BTW: The lawyer takes 20% of all settlement. He told me it is usually 30% since it is refer by the hospital - we get 20%.. What is the rate usually? - Need some point of reference.

In BC we paid 30%, which I think now has increased.

But I am very surprised and saddened to see that the hospital refers patients to an attorney.

 

[Beaglemom3]

Are you sure the OHIP will foot the bill ? I'm not up on Canadian personal injury/MVA law, however, it would seem that they would attempt to collect from State Farm.
http://www.health.gov.on.ca/english/public/pub/ohip/motorvehicle.html

FYI: http://www.insurance-canada.ca/consinfoauto/l12.php

http://www.calentilaw.com/mva.php - I am not recommending this attorney, this is just concise information.

How have you and your sister become your Mother's guardian and how can you obtain authority to sign and decide for her ? This is the puzzling part. There are large parts missing here.

Please do not make any decisions out of confusion. Obtain legal counsel for your Mother - who can make legal decisions for her ?

Notify the hospital administrator of what has happened.

I am sorry for your troubles.

 

[Rose Pink]

My sister was the victim in an auto accident. She had some long-lasting problems. After several weeks her doctor asked her if she had an attorney and then gave her the name of one when she said she didn't. I think they work together. Maybe get paybacks or finder's fees.

 

[myip]

Are you sure the OHIP will foot the bill ? I'm not up on Canadian personal injury/MVA law, however, it would seem that they would attempt to collect from State Farm.
http://www.health.gov.on.ca/english/public/pub/ohip/motorvehicle.html

How have you and your sister become your Mother's guardian or obtain authority to sign and decide for her ? This is the puzzling part.

Please do not make any decisions out of confusion. Obtain legal counsel for your Mother - who can make legal decisions for her ?

Notify the hospital administrator of what has happened.

I am sorry for your troubles.

I am totally confused. Her injuries is classified as catastrophic physical injuries. She is total paralzed from neck down - no movement in legs and arms - if she leave the hospital.

 

[Beaglemom3]

I am totally confused. Her injuries is classified as catastrophic physical injuries. She is total paralzed from neck down - no movement in legs and arms - if she leave the hospital.

Yes, that is known.

It's apparent that you are not clearly thinking here and that's understandable. Please obtain a lawyer and notify the hospital administrator.

 

[myip]

How have you and your sister become your Mother's guardian and how can you obtain authority to sign and decide for her ? This is the puzzling part. There are large parts missing here.

Good question... I can see that my sister and I signed to put a claim on my Dad for pain and suffering etc... I don't know how we can sign for my mom to establish her claim. She can never sign because she is paralyze from neck down. How can she ever file the claim if we don't act on her behalf.

Please do not make any decisions out of confusion. Obtain legal counsel for your Mother - who can make legal decisions for her ?

 

[Passepartout]

Maybe get paybacks or finder's fees.

And very likely the doc's just know which attorneys work hard for the benefit of the patient (client). Part of good medical care is making sure the patient can afford to pay for it.

My DW, a family practice attorney who does a significant practice getting Social Security disability for clients, has a few doc's that call when they have a patient they feel DW can help. She gets paid a set amount by SS, nothing from any doc and never a contingency (percentage) payment from any patient.

To the OP: In view of the circumstances, I think I'd likely go with the recommendation of the hospital's legal department. There are guardianship and conservator situations to consider. How to protect your dad's assets while providing the necessities for your mother. First, however is getting your mother stable and recovering as much as the health care system can provide.

Again, Good Luck

Jim Ricks

 

[Rose Pink]

Jim, it's good to know there are ethical people like your dear wife. I hope you didn't think I was saying that all doctors and lawyers are in cahoots with each other, although some may be. I don't think it is part of medical school to teach new docs how to find lawyers for their patients. They have a hard enough time just learning how to navigate the managed care system. I would naturally wonder how a doctor would know which specific lawyer to recommend. Hopefully, it would be on the up and up but it is natural to ask why the doctor would recommend a specific lawyer and have that lawyer just happen to appear with papers in hand.

 

[isisdave]

What's the rush?

The law moves like a glacier. There's no need to do anything in a hurry, and a lawyer who takes advantage of your distress to pressure you to sign up with him is acting unethically.

You will need legal advice, but you surely need to regain your calm and reason first.

 

[Icarus]

First of all, I'm sorry for what happened and the circumstances your mom is in right now.

We are tired and not thinking clearly.

Well, that's the time you don't want to sign anything. Given that it's a bit late for that now, you need to know if you can rescind or not. I have no idea what the law is there regarding that. Does it say anything in the papers about it?

Do you have a trusted family friend nearby there where you are that can help you with this stuff? You may have to act quickly to rescind the documents that you already signed.

I don't see any rush to sign up a lawyer right now, especially when you aren't thinking clearly and don't know what all the options are.

Frankly, it bothers me that the neurosurgeon just happened to have a lawyer on hand with the papers in hand to sign you up.

-David

 

[Denise L]

I am so sorry to hear about your parents' accident.

I know of a very kind personal injury lawyer in San Jose who helped me with advice and a consult. Obviously, he is not in Canada, but he might know of some firm or person you can contact, or at least he might be able to point you in a logical direction.

You may already know someone where you live, but if you need a name, let me know.

 

[T_R_Oglodyte]

You need a lawyer, but I don't think you need the one pushed on you in the hospital.

What you need most importantly right now is unbiased independent counsel from a knowledgeable person. That person needs to be able to guide you through the legal maze and issues.

That is not an ambulance chaser attorney working on commission.

Forget about commission and retain an attorney on an hourly basis, simply to give advice. If it makes sense to file a suit, then you can retain an attorney who is willing to take the case on commission.

But you should not expect to get unbiased counsel from someone whose has a significant stake in seeing your situation turn into a court case.

 

[wackymother]

Does the hospital (not the doctor) have a social worker who can assist you with sorting this out? Most hospitals also have on-call clergy who can help you emotionally and may be able to give you some guidance on who to call for help. Good luck and best wishes for your family at this difficult time.

 

[myip]

I know that I need a lawyer to sort out the payment and get the most money for my mom aftercare. We are in a rush because we have only 15 days to respond as what to do. My father has a ticket and charge with careless driving. It was a accident and he makes a left turn and got T-bones on my mom side. Not sure whether we should fight the ticket... HE is no longer going to drive but worry about whether this will impact the insurance payout in no fault. The lawyer seems to know what he is talking about and we don't have time to look for a lawyer. We were concerns at first my father traffic ticket and then we got concerns with after care fight with State Farm Insurance. WE didn't want to deal with the insurance and chase after each claim. It is going to long going bills coming in since we need long term care if she survive. --> We are heading out to hospital now because they are attempting to remove the tube to help with breathing. --> going to asked social workers this morning.

 

[Liz Wolf-Spada]

I will be praying for you and your sister, your mom and the doctors helping her. I am so very sorry. What a horrible situation for all of you.
Liz

 

[Gramma5]

I am so sorry to hear about this horrible accident and your Mom's injuries. I don't know Canadian law, but why do you have to make any decisions within 15 days? Right now you need to be using your energy to care for your Dad and Mom's situation. I was in a serious car accident 10 yrs ago, and my first concern was getting better and didn't get an attorney for 2 months after, when it appeared my recovery would take years. It took 5 yrs before we settled...

It also does not seem in your parents best interest to use an attorney who "just happens to be in the hospital with all the right papers." Very suspicious IMHO. Unless Canada has very different laws, just take your time. I second the idea to go to the hospital administrator and question this practice of the lawyer.
Anyway, I will pray for wisdom and peace during this time for you. Take care of yourself,too.
Sherry

 

[Chrisky]

So sorry to hear about your parents accident.
Since she is a Cdn citizen and lives in Ontario OHIP will cover all of her hospital expenses. I believe, that when she leaves the hospital, and if she requires therapy of some sort, or walkers etc. that would also be covered. Also it depends on what type of car insurance your father had. Usually, his car insurance would also cover passengers in the car.
You need advice. As others have suggested check with the hospital first, not the surgeon. Has your father's insurance company been advised. Social services in the hospital should be able to help or at least advise you how to proceed. Don't rush into this. Good luck.

 

[Icarus]

We are in a rush because we have only 15 days to respond as what to do.

15 days to respond to what?

-David

 

[Jennie]

Do you have a friend or relative who works in the car insurance industry, perhaps as an agent, salesperson, or claims adjustor?

We knew a wonderful guy who would give us honest, competent advice "off the record" whenever we, or someone we knew, was involved in an auto accident. He has since retired and passed away. Some of the advice he provided proved extemely helpful. It would not be the type of information one would be able to figure out using common sense.

I'm not sure what the law is in Canada, but if I were in your situation here in New York, I would consult an attorney who specializes in elder care issues. There could be some steps to take now to preserve your parents' assets. I found an excellent elder care attorney through a recommendation from a local nursing home administrator.

Or do you know someone who works in the Court system in the section that handles civil lawsuits? Sometimes the clerks know as much as lawyers and judges. They also know who the great vs. mediocre attorneys are. Even if you do not know anyone personally, it might be worthwhile for you or a family friend to go to the Courthouse and see if they are willing to offer some free advice. I have a friend who received better advice this way than from the high priced attorney who was handling her father's estate.

I will keep you and your family in my prayers. I hope things work out as well as possible.

P.S. Give Dad a lot of TLC. He must be going through hell trying to cope with all of these legal concerns, and worry about Mom, on top of all the guilt he must feel.