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Expert Post Whore

Postby prozacman » Fri Apr 26, 2013 11:43 am

Is my lawyer right or trying to pull a fast one on me to get me to settle my case?
I was in a bad car crash 3 years ago that left me with a degenerative condition in my T-5 vertabra, buldging disks in my lower back, and leg injuries. My legs were fixed but my back problems didn't respond to any treatment other than narcotic medication that I am still on. I have over 80k in medical bills that have been covered by Medicaid. Though there is a provision in the contract with Medicaid that basically says I have to pay them back for any treatment that was the fault of some one else if I get a settlement or I win a lawsuit.

Here is the sticky part. Not a single doctor I've seen and/or been treated by has or will go on record saying my back injury was caused by the accedent. My lawyer says that this is the reason he wants me to settle the case for less than the cost of my total medical expenses, but also claims I'm don't have to pay back Medicaid for treatment that was for my back. He explained that just like me going after the person that hit me, since no doctor will say my back pain is are due to the accident the state won't charge me for the medical bills for my back. I'm only responsible for repaying the treatments for my legs since ER doctors put in writing on medical forms that they were hurt in the crash.

Is my lawyer right or is he just telling me this so he can make a quick percentage from getting me to settle? Will the state of MA come after me for my back treatments or is my lawyer right?
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Postby Psivage » Fri Apr 26, 2013 12:14 pm

Not sure if it is different state by state and I'm not even a lawyer, but I think you would have to pay back medicaid.

I rarely play the lottery but when I do my parents tell me if I win I have to give them the ticket so Medicaid doesn't come after my winning.
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Expert Post Whore

Postby prozacman » Fri Apr 26, 2013 12:31 pm

You don't have to give then the ticket, but you do have to notify them of any changes in income you have.

Edit: I read that wrong. I thought them referred to Medicade, not your parents.
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<( ' . ' )>

Postby Keb » Fri Apr 26, 2013 1:09 pm

First of all, I have no idea about the medicaid stuff. I am Canadian. We apparently have "free" healthcare.

I will ask this: Where did you find this lawyer? Is he someone you were referred to from a friend or family member or is he just a Junior Partner from a firm that you called because you saw something on the TV?

If you really feel that he doesn't have your best interests in mind, then you can and should call him out on that stuff. My mom does financial consulting for lawyers and while they like to act like they're intellectual geniuses, there are actually a lot of genuine lawyers who do want what's best for their client. They're usually open to discussion if you feel they aren't doing what's best for you.

Another thing you could do, and this will cost you a bit of money, is get a second opinion from another lawyer.
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Undead Member

Postby CountD » Fri Apr 26, 2013 2:31 pm

I know a person who saw 100 doctors just to find one that would diagnose her condition according to her liking.

take w/ a grain of salt.

you may need to keep plugging away from different angles.

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