Several months ago, my mother was rear ended in a crash that caused her death about 24 hours later in ICU. The other driver was on her phone ( 19 YO female) and was faulted for several reasons as being at fault. There is no contention between her insurance company , Texas Farm Bureau and I and the DPS Troopers, teen is at fault solely.

I was contacted/solicited by an Attorney firm offering to represent me , at no cost unless a judgement was reached. After a LOT of web search I choose them over several due to their good ratings and reputations.

The firm picked me up as a client, then about a month into the settlement process, my attorney called and said they would settle for policy limits and , although he would be happy to continue to represent me , he would be required to take 30% of the settlement per our agreement.
He instead suggested that I call them myself since it was very cut and dry and just have them send me the check instead of having his firm handle it. I aggreged after speaking to her insurance company and my attorney , all were in agreement that it was a slam dunk and the atty ( former Marine trying to cut me some slack) released me and I started to get it settled...here is where it got weird.

Her insurance claims guy stated that the air evac and ER bill was close to 400k and that those companies that provided those services had "put a lien" on any payout. He told me to call them and have them try to bill her medicaid first and then I would be able to keep most of th emoney.

I told him that I would go back and seek an attorney to try to get it resolved. He stated that would not make a difference and nothing could be done until I CALLED THOSE billing companies about the money owed to the helo flight company and the ICU. I did get a post BCBS insurance bill for her ICU stuff for @ 3500$ and I paid that but that was way before all of this attorney business .

I can also be reached by PM if needed. thank you

My mother has an "estate" , an old checking account with about 3k in it I am using to pay off her funeral bills and misc bills. Can they also take that money too? I am lost and feel like I am getting the runaround. I am NOT looking for "legal advice" but only for opinions.
I am a 30 year LEO and know next to noting about litigating stuff like this.

thank you
Shawn

You need a lawyer. The insurance companies and healthcare companies do this stuff everyday. You’re in over your head. Pay somebody to handle it. Decide if you want to go after the other driver for more than policy minutes and if it’s worth it. She might be young and broke now but on the way to having money that could be your money.

quote:

You need a lawyer.

Agreed. I had a hard time following this.

My question is, does a 19-year-old, probably minimally insured (at least you have that going for you) and herself injured, have anything to sue for? Maybe there's just no money there.

You could go back to your original lawyer or a 3rd party lawyer on a consultation basis. It may cost you some dollars out of pocket but you are swimming is unfamiliar waters.

Did you call the billing companies?

I'm sorry for your loss.

I don't have any experience in this area, and if it were me I'd go back to the original attorney

quote:

Originally posted by golddot:

I was contacted/solicited by an Attorney firm offering to represent me.

First, I am sorry for your loss. Second, does this attorney not understand that him seeking you out like this is a third degree felony in Texas?

Go back to the lawyer that was dealing with it in the beginning. He knows the case and all of your details.

Condolences, to you, Sir. Really sad story.

I can't help, but I'm wondering if what happened to us is going on with you. We were involved in a major accident with an 18 wheeler years ago, who was at fault. Even so, in our settlement, we had to pay our auto insurance company for our vehicle...even though we had a highfalutin attorney. We don't understand how USAA took money from us when the accident wasn't our fault AND we had to pay for our attorney to get the settlement. "Subrogation," a word I've never heard of came into play here. Also, the other thing that is hard to go down is USAA taking our money after ALL of that frackin' insurance money we've paid to them over the years. CRAZY!

Good luck with your case, and take care, Sir.

quote:

Originally posted by StorminNormin:

quote:

Originally posted by golddot:

I was contacted/solicited by an Attorney firm offering to represent me.

First, I am sorry for your loss. Second, does this attorney not understand that him seeking you out like this is a third degree felony in Texas?

A quick reading of Texas law suggests that if the solicitation was in person or by phone, then it would constitute barratry.

But if they solicited by mail, and it was at least 31 days after the incident, then it would appear not.

Is that accurate?

Sorry for your loss.
First I am not a lawyer and this advice is worth what you are paying for it. But I have been around the block a few times.

Do not agree to anything and do not let anyone talk you into signing anything.

The insurance company knows you do not now have a lawyer and MAY be trying to stick it to you.

If you mother was over 65 she is covered by medicare. Medical billings are limited to the amount limited by the government.

You need to discuss this with a lawyer. Just because they send a bill does not mean you owe it.

It also depends if you want to be a hard ass. Find out who actually owns the car.

Settling for the policy limits is the easy way out for lawyers. If it's the parents, you can go after them for all they are worth.

Your call. I am just spitballing here with no facts.

quote:

Originally posted by bdylan:
Did you call the billing companies?

no not yet, I was waiting to see some replies, alos to the other poster, it does not appear , so far, that she has any real assets, just her ins policy which maxes at 50k

quote:

Originally posted by StorminNormin:

quote:

Originally posted by golddot:

I was contacted/solicited by an Attorney firm offering to represent me.

First, I am sorry for your loss. Second, does this attorney not understand that him seeking you out like this is a third degree felony in Texas?

IDK Normin, he said he found my info from a data search on death records

quote:

Originally posted by sig2392:
Sorry for your loss.
First I am not a lawyer and this advice is worth what you are paying for it. But I have been around the block a few times.

Do not agree to anything and do not let anyone talk you into signing anything.

The insurance company knows you do not now have a lawyer and MAY be trying to stick it to you.

If you mother was over 65 she is covered by medicare. Medical billings are limited to the amount limited by the government.

You need to discuss this with a lawyer. Just because they send a bill does not mean you owe it.

It also depends if you want to be a hard ass. Find out who actually owns the car.

Settling for the policy limits is the easy way out for lawyers. If it's the parents, you can go after them for all they are worth.

Your call. I am just spitballing here with no facts.

thank you bud, I am going to do an online assets search tomorrow

and yes she had medicare, she was 74

thank you all also for your condolences, she was the best person ever and all I had left on this planet.

So sorry for your loss......Sounds like some ambulance chaser that smelled blood in the water by contacting you...Is that even legal... What does your lawyer say. ............................... drill sgt.

I am sorry for your loss. It can’t be easy.

quote:

posted November 13, 2025 06:46 PM

I was contacted/solicited by an Attorney firm offering to represent me

Ambulance Chaser.

THEY contacted you.
Why? Out of the kindness in their heart?
“Cui Bono?” Who benefits?

Im not saying that you do or don’t have a case, but if you believe that you do, YOU do your research and YOU contact the best Legal firm / Lawyer that YOU found.
That’s my opinion.

Sorry for your loss.

I was rear ended a couple years ago while stopped at a red light. My wife had
back & neck pain as a result. Figuring it was pretty cute & dry, I didn't initially feel a need for a lawyer. The responsible persons insurance covered the car repairs, no problem. As for medical, they offered $250. Telling me my health insurance would cover the rest after my deductible. Got a lawyer. It cost them a whole lot more than that.

I’m very sorry for the loss of your mother. Makes me so angry reading how she was killed. Driving while distracted by your phone is no different than driving under the influence, afaic. Fucking killers.

Regarding suggestion/opinion, the first reply above (by berto) is what you need. And, imo, going back to the first lawyer would be a mistake, unless he will do all the legwork. It appears to me that, after reviewing the case, they just wanted out and dumped it back on the OP’s lap, “You’re on your own, buddy. Do this, call there.” Any lawyer representing me should be the one doing the work.