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cajun_duck

Sent to collections during lawsuit

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My wife and I were in a wreck a couple of years back. We ended up suing the guilty party, well, while the lawsuit was going through my wife had to have mri's and such done at the hospital, all accident related. We won our suit and when the lawyer called to pay bill they were told there was no bill. Just got a copy of her credit report and the hospital sent her to collections after being told it was being handled by our attourney's office. How would we go about fixing this mess?

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I would have your attorney call the hospital and have a inform them that you are going to sue them if they do not remove the collection from the report since they called the hospital to pay the bill and was informed there was none. Your attorney needs to deal with this at this point. If the JDB does call or contact you, inform them of the attorney handling this. Once they are informed that there is an attorney, they must speak to the attorney, not you.

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Problem is the case is closed. We won, yay! Talken to law office just now and she said, "you have to psy it." Wow, really, didn't know that. I just want it out of collections. She said we have to handle it now,

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while the lawsuit was going through my wife had to have mri's and such done at the hospital, all accident related.

 

Just got a copy of her credit report and the hospital sent her to collections after being told it was being handled by our attourney's office. How would we go about fixing this mess?

 

This is a mistake that many accident victims make.  The hospital and medical providers have absolutely no obligation to wait for the lawsuit to conclude before getting paid.  Your telling them that there is a pending lawsuit does not obligate them to wait for payment or deal with your lawyer.  If they were going to work with you they would have filed a medical lien with your attorney.  It is your responsibility to see to it that they do that or the bill is paid.  Otherwise it goes to collections.

 

The second problem is that by the time your case settled it is entirely possible the bill no longer appeared in their system because it had been sent to collections or sold.  That would not make it their fault.

 

Problem is the case is closed. We won, yay! Talken to law office just now and she said, "you have to psy it." Wow, really, didn't know that. I just want it out of collections. She said we have to handle it now,

 

Your attorney is correct.  You cannot re-open the case now.  The best you can do is contact the hospital or collection agency and see if they will do a pay for delete.  

 

For future reference if you are injured regardless if someone else is at fault file through your health insurance and let them recover through their right of subrogaton when the case settles or pay the bills and then get reimbursed from the settlement.  It is not worth going to collections and very easy to avoid.

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@cajun_duck

 

I don't think you were well-served by your attorney when she took your case.   And now she flippantly tells you to "psy it?"  This should not have happened.  One of the nation's largest personal injury law firms is located in my state.  I know some the attorneys, their clients and their cases.  Some of their clients have been horribly and permanently injured with medical bills well in excess of a million dollars.  I am not aware of any of their clients being in your situation.

 

If it were me, I  would contact the La State Bar Assoc about this.  I would also tell your lawyer what you intend to do.

 

 

Lawyer Complaints - Louisiana State Bar Association
https://www.lsba.org/.../complaints.aspx
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Louisiana State Bar Association
 
The Louisiana State Bar Association promotes the dignity of the legal ... To register acomplaint against a lawyer with the lawyer discipline system, you should ...

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