Why would a lawyer not have a client’s PCP records before a deposition?
I’m trying to figure out if I made the right decision settling my lawsuit, because honestly, I feel like I had no choice.
I was in a Lyft accident and hired Morgan & Morgan. At first, my lawyer was completely gung-ho about my case and made it sound like we were going to fight for a substantial amount of money. After the accident, my back got significantly worse and I eventually had spinal reconstruction surgery. I literally just had a laminectomy on July 29.
Then the other side subpoenaed my PCP records.
Apparently, my records from 2022 and 2023 mention chronic back pain twice, along with a few other references to back pain being treated with medication. The thing is, I genuinely do NOT remember having chronic back pain. I have never had what I would consider serious back pain before this accident.
The treatment in those records was also muscle relaxers. I was never being prescribed painkillers for my back. My lawyer couldn’t even pronounce the medication when we discussed it. I was actually given muscle relaxers for my RLS, which makes me wonder if some of this is being interpreted differently than what was actually going on.
But one of the biggest things I can’t understand is why my own lawyer didn’t already have my PCP’s records.
Why did the other side have to subpoena them before this information came to light? Why hadn’t my lawyer obtained those records, reviewed them, and known about these entries before my deposition?
I was asked in my deposition if I had back pain before the accident, and I said no because that was honestly what I believed. I wasn’t trying to hide anything or lie. I genuinely did not remember those records and had never considered myself someone who had chronic back pain. If my lawyer had reviewed those records beforehand and told me, “These records say you reported back pain in 2022 and 2023,” I could have addressed that honestly and explained what I did and didn’t remember.
Instead, I found out about them after my deposition when the other side got them.
My lawyer originally seemed extremely confident about my case. Then suddenly, after these records came out, everything changed and I was being told about the risks of my case.
My fiancé got on the phone with my lawyer because my panic disorder was making it extremely difficult for me to ask the questions I needed to ask. He asked things like how much I was actually getting and where the settlement money was going. My lawyer got angry and raised his voice at him.
At one point I was having a panic attack and told my lawyer I needed to get off the phone and would call him back in about 30 minutes.
When I called back, I swear it felt like he had come back ready for a fight. I barely got a chance to process everything. I ended up cutting him off and saying that I would settle.
Then his entire tone changed.
Somehow, after that, the settlement number went up and I was going to receive some money instead of walking away with nothing.
I understand that prior medical records can hurt a personal injury case. I’m not asking Reddit to tell me that they don’t matter. I understand why the other side would use them.
What I’m struggling with is whether my lawyer actually fought for me, or whether I was pressured into settling because he didn’t want to deal with the problems those records created.
I feel like there should have been a way to distinguish between whatever muscular issues I may have had before the accident and what happened afterward. Whatever was documented before was never a serious skeletal problem. I never had spinal surgery or anything remotely comparable to what happened after the Lyft accident.
So I’m left wondering:
Did I make the right decision settling, or did my lawyer back me into a corner and pressure me into accepting a settlement because he didn’t want to fight the issues with my prior medical records? And why didn’t my lawyer already have and review those records before my deposition in the first place?
I know nobody here can tell me exactly what my case was worth. I’m more interested in hearing from people who understand personal injury cases, attorneys, paralegals, or people who have been through something similar.
And please be honest with me. If settling was probably the right decision based on what I’ve described, I would rather hear that than have people just tell me what I want to hear.