I have a workmans comp case going and was released by the Dr. but now I can`t get my Lawyer to get going on it. I want to know What are my options before I call him talk to him about this. Where do I stand?
2007-05-07 08:49:25 · 30 answers · asked by stewilliamsx2 1 in Politics & Government ➔ Law & Ethics
Yes, you can fire him, but he will place a lien on your case, against attorney fees of any subsequent attorney; or against your award, if you decide to remain In Pro Per.
At this point, your treating doctor has determined that you are permanent and stationary (P&S), and have reached Maximum medical improvement (MMI).
If the insurance company has timely objected to the report by your doctor (PTP), the parties may either agree to settle all issues by using an Agreed Medical Examiner (AME), or start the Panel QME (Qualified Medical Examiner) process/use own QME doctors, depending upon the laws of your state and year of your date of injury.
The insurance company may also wish to either schedule your deposition, or cross-examine the PTP.
I recommend scheduling an appointment with your current attorney, and query him as to what needs to be done to settle your case. Thereafter, if you are unhappy, you may fire him and seek another attorney. Please note: as stated above, your first attorney will file a lien on your case. If you do not have a decent sized claim amount, you may be hard-pressed to find another attorney.
Good Luck!
2007-05-07 09:10:37 · answer #1 · answered by MenifeeManiac 7 · 2⤊ 0⤋
Don't fire your lawyer in court, but other than that, you are free to consult whoever you want.
Check your contract with the lawyer for details. Also, check what the status of the case is with your lawyer--it can be a long, drawn-out process. Simple cases (opponent doesn't show up) still take two to four months to finish, and there is little the lawyer can do to speed this up. Call him up, ask what he did, what comes next, and when he expects for that to happen. Then check up on him to make sure he didn't drop the ball.
Some people consult multiple lawyers to get different points of view (most of us aren't that rich though). You can definitely switch lawyers, but make sure your lawyer is messing up first.
2007-05-07 08:59:00 · answer #2 · answered by wayfaroutthere 7 · 0⤊ 0⤋
Of course you can fire your lawyer. But you do have to look at what kind of contingent fee contract you signed (if any) that provides for who pays for the costs that the attorney has advanced and what the attorney's percentage is on any recovery. There are all sorts of details, like a fee-split with the new attorney, that should be covered in any agreement you signed. If you were paying him by the hour, and you do not owe any costs or fees, then by all means tell him to get moving on your case or you will get another lawyer.
2007-05-07 08:56:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Who's paying the bills? You? Well in this case he should be considered as an employee.... What do you do when an employee doesn't do his/her job right? You fire them right?
I suggest you don't fire him until you talk to another lawyer though. It's simple, if you don't get what you pay for, get rid of him, don't even think twice. Sometimes it can be hassle to start all over with someone new but be postive. Is it better to get things done or not? Good luck!
2007-05-07 08:57:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to set up an appointment with the attorney and meet with him. They may be waiting for final records from the doctors or preparing the demand letter to submit. Anything that involves the legal field doesn't happen quickly. If you want to collect the maximum you need to allow your attorney adequate time to prepare to present your claim in the most complete and accurate way to benfit you. Therefore, a sit down with him may help to know what is happening with your claim and you may want to ask him how much he intends to demand from the comp carrier.
Yes, you are able to fire your attorney, but do it in writing. Beware though he has a right file a lien on your claim so that he is able to get paid for the work he has done to date and you may end up paying two attorneys.
2007-05-07 09:01:16 · answer #5 · answered by Lori B 6 · 0⤊ 0⤋
Check out other lawyers. When you have one you think you might work with go back to the first lawyer and tell him you have another lawyer. He will either hurry up and get started on your case or will have to copy your file and transfer it to your new - and better - lawyer.
2007-05-07 08:57:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
it would depend on what contract you signed with him, it should of spelled out what happens if either one of yourend the lawyer/client relationship,,,most often you will have to pay him for the time he has spent on your case, at an hourly rate,,, he will have to provide you with an itemized bill,,,,, if you feel he is not representing you the way you wish to be represented, discuss it with him, or with another attorney (if you are planning to get someone else to handle this for you), but yes, you can fire a lawyer, and sometimes its best to
2007-05-07 08:56:53 · answer #7 · answered by dlin333 7 · 0⤊ 0⤋
Sure. By law and it might states in the contract, you can close the case with him at any time. I did it before, my lawyer was taking too long with my case. My excuse was that I was moving out of state, and everybody knows laws are different according to each State, she wanted me to keep an address here so she can continue with my case, and all of my money, of course, but I insisted that I didn't have anyone who I could trust, so she closed the case, returned all my papers,and of course charge for more money "due".
2007-05-07 09:02:18 · answer #8 · answered by Peruv 3 · 0⤊ 1⤋
Yes but if your lawyer specializes in Worker's Compensation I don't advise you to fire him or her. These cases take a couple years, and it can take 6-8 months just to get in front of a judge.
2007-05-07 08:54:04 · answer #9 · answered by Anonymous · 1⤊ 0⤋
If your lawyer is doing nothing but dragging his feet, i would go else where, not only is he costing you time and money, your not getting what you want.Call and get a free consultation by new lawyers and then make your decision from there it is the best way to go.
2007-05-07 08:54:08 · answer #10 · answered by lysak2 1 · 0⤊ 0⤋