ST. LOUIS (CN) – Former St. Louis Ram linebacker Jamie Duncan claims in court that his attorney cost him big bucks by botching his workers’ compensation claim against the Rams.
Duncan sued Mark L. Floyd and The Floyd Law Firm, in City Court.
Duncan claims Floyd cost him $255,000 in 2007 by advising him to sign a $1,000 settlement, which included a waiver for any future medical benefits. The settlement was filed in the Missouri Division of Worker’s Compensation. When the claims were made in Missouri, the Rams had offices in both St. Louis and Los Angeles.
Duncan then retained attorney Ron Mix in California to pursue claims for cumulative orthopedic and closed head trauma, according to the complaint.
“On or about March 20, 2011, Ron Mix had negotiated a tentative settlement wherein the St. Louis Rams would settle all pending workers compensation claims of Jamie Duncan, plus a buy-out of future medical benefits for the sum of Three Hundred Thousand Dollars ($300,000),” the complaint states.
“On or about May 20, 2011, the Los Angeles Rams informed Ron Mix that Jamie Duncan had waived all future claims by virtue of the October 24, 2007 Missouri Workers Compensation settlement and declined to offer any compensation to plaintiff.”
Duncan eventually settled his California claim for $45,000, on the advice of Mix, according to the complaint.
Duncan claims Floyd was negligent by failing to explore monetary benefits available under Missouri as opposed to California law; failing to file Duncan’s claim in California, where the benefits are greater; failing to assess all of Duncan’s potential claims; advising Duncan to waive his future rights without obtaining a medical evaluation to determine the value of future claims; and by failing to file dual claims in Missouri and California.
Duncan is represented by William Meehan.
Duncan, 36, played for the Tampa Bay Buccaneers, Rams and Atlanta Falcons from 1998 to 2004. He recorded 305 tackles, three sacks and six interceptions during his career.