How can I get a different attorney for an accident?

Your matter has so many different issues. You are very close to the statute of limitations (at least on a non governmental tort claim) Many attorneys will shy away from such a case. Insurance - your claim was made against your own insurance - did you have medical payments insurance on your policy? Was it secondary (i.e. only pays after your health insurance pays?) As for a claim against the deputy, that brings up a claim against a government entity for which certain different time deadlines apply. A claim against the proper governmental agency must be filed within 6 months of the incident, and if denied (which most are) a lawsuit must be brought no later than a year after the incident. Governmental tort claims are very difficult to prove. Depending on the facts, there very will could be no duty on the part of the deputy to take action - you would have to prove he knew of the danger and failed to warn you. There could possibly be a claim for improper lighting if the governmental agency who had jurisdiction over the road knew that the cows often crossed the road in the middle of the night and/or had caused accidents before and failed to take action, such as posting signs or putting up lighting in the area. Also, difficult to prove. There may be other issues and I would suggest you consult with an attorney before the statute runs.

In order to sue for being injured in a car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. Also, you probably needed to file a notice of claim within 90 days and then sue within one year and 90'days. Send your lawyer a certified letter that he must communicate with you.

My comments are only to your initial question ("How can I get a different attorney for an accident?"). You do not ask about whether you actually have a case for you accident so I will not comment on that issue. You are free to discharge your attorney for any reason you want. In addition, you can discharge your attorney almost any time you want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. If no lawsuit is on file, as soon as you notify your attorney that you are discharging him or her, he or she is no longer your attorney. If you are going to discharge your attorney, I would do so in writing so both of you would have written documentation. Your attorney may be entitled to be reimbursed for his costs and expenses as well as a "fee" for the time spent working on your case. This is partially controlled by law as well as the fee/ retainer agreement you signed when you hired him or her. The law says your attorney would be entitled to reimbursement for costs and expenses and for the reasonable value of his or her time. However, this money would not have to be paid until the resolution of your case. However, the fee agreement you signed when you hired the attorney can override part of the law regarding payment. In addition, the fee agreement may say that you do not owe the attorney anything. I would suggest reading the fee agreement to determine what, if anything, the attorney would be entitled to if you fire him or her. If the attorney was to receive a contingency fee, which means that he or she would get a percentage of any money he or she obtains on your behalf, there must be a written fee agreement. If there is no fee agreement the attorney is likely not entitled to any money for his or her time. If your attorney does not believe you have a case you should consult with a couple of other attorneys to see if they agree or disagree with your current attorney. The law involving accidents involving cattle on the highway are different than that of accidents involving two motor vehicles. In addition, the deputy can only be sued for certain things as the Political Subdivisions Tort Claim Act provides many defenses and immunities that are not available to private citizens.

Good luck suing the Sheriff or Florida Highway Patrol. Juries don't like awarding taxpayer dollars. If your current attorney is not doing what you are asking him to do (without good reason) then discharge him (or her) and hire one who will. The problem is that (1) the defendant will be a governmental entity, and taxpayers don't like awarding money which will come out of their tax dollars, and (2) you will have to prove how long the deputy had knowledge of the cows; if it was just a few minutes, then a jury may not believe he was negligent for not reacting sooner. If it was half an hour, then you may have luck. Your PIP coverage on your own car (in Florida) should have paid for 80% of your medical bills, and if you have medical payments coverage on your car, the med-pay should have paid for the remaining 20%.

So what is your attorney doing for you? Get him to tell you in writing when the Statute of Limitations runs. Tell him you will look for someone else and you want him to waive any claim to any attorney fees. The file belongs to you so get your file. Send him a letter immediately mentioning all this. Send it CERTIFIED RETURN RECEIPT REQUESTED to have proof he got it. Also ask him if he filed a timely administrative claim with the county to preserve your right to sue the sheriff's department.

Seek a second opinion and, if necessary, change attorneys. I do not presently have sufficient information to know if your present is correct of in error.

You are free to choose another attorney at any time. However, considering the length of time put into the case by the other attorney, you may have difficulty find one. Feel free to call around and talk with other attorneys to see if this is something that they would be interesting in continuing to pursue for you. Additionally, your current attorney may have another attorney who he is willing to refer the case to as well. Good luck!

You can discharge your attorney at any time. You may be liable for your attorney's time working on the case.

You can get another attorney by hiring another one, and firing the present one. However, to sue a police officer by claiming he was not doing his job properly requires proving GROSS NEGLIGENCE. I doubt that you will be able to do that because it is a really difficult standard to reach. In my opinion, your only viable case is to sue your own insurance company for the No Fault benefits of medical bills, medical mileage, lost wages, household replacement services, etc. Possibly you could sue the idiot that let the cows out, claiming negligence. But, you are not going to be able to sue the police, due to the doctrine of governmental immunity.

You did not say anything at all about being damaged. Lets assume you were whoever let the cattle block the roade might be the negligent party. I doubt if you will get anywhere arguing about the deputys job. You can fire your atty at any time. make sure you know what you are doing.

Fire him and fine another attorney.

Fire your present attorney and hire a new one immediately.

Yes, you can fire your attorney if he is no longer perusing your case. Have you settled with your insurance company if not you still have a case? How much were your medical bills? You have met your insurance companies pip amount? What was your insurance companies reason for denying the claim? Did your insurance company find you negligence? Why didn't you see the cows in the road. I don't think you will be able to prove negligence against the police officer. You have to prove he had a duty to warn you that there was an danger condition on the road. Cows on a rural is pretty much normal in this state and generally not dangerous.

This does not sound like a Michigan case, I don't know why this website sends questions from states to attorneys that practice in other states, the law can vary greatly. However, if this is a Michigan incident, you have a good case, maybe not against the deputy, but definitely against the owner of the cows.

Surprisingly, there is a lot of case law on this topic. Try the Illinois Domestic Animals Running at Law statutes, 510 ILCS 55/1, and a line of civil cases that follow them. Also the Animal Control Act, 510 ILCS 5/1, et seq. Your insurance company would only have the duty to pay your medical bills if you had med pay coverage-so the action may not be against them. However, the owner of the animals and/or ranch responsible for them may have exposure. Good luck and fresh burgers for all!

The deputy is immune from suit.