QUESTION
If I am not happy with my son's representation after a car struck him, now what?
Asked on Jul 15th, 2015 on Personal Injury - Wisconsin
More details to this question:
I am not happy about this now, so what can I do? My son cannot walk well after getting hit by a car, and his condition is worsening. I hired my old lawyer to represent my son because he had represented me when I got hurt at work a few years ago.
11 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can meet with the lawyer and see what qualifications he has to represent your son, you can ask him the pros and cons of the case, how he intends to proceed, what his best guess is re: how it will play out, etc. If you are satisfied he is equipped to handle the claim professionally, then your mind will be at ease. If you are not, you are free to fire him and hire new counsel. If your son is over 18, it is his decision on who he will hire/fire re: his representation. If he is under 18, then you, or another person, need to be appointed his Guardian or Next Friend to act on his behalf. In MI anyone injured in a car crash is usually entitled to No Fault Benefits (lost wages, replacement services and medical bills being covered) with out regard to fault; and to perhaps make a so-called "3rd party pain & suffering" claim against any at fault entities/persons depending on the nature and extent of the injuries, testing and treatment.
Answered on Sep 01st, 2015 at 9:44 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why are you dissatisfied? If your son agrees with you, he should find a new attorney, but he should talk to his current attorney first and see if the problem can be corrected. Switching attorneys will slow the resolution of the case.
Answered on Sep 01st, 2015 at 9:44 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Generally it is hard to second guess what your attorney is doing or not doing without all facts, The best thing to do is to sit with the lawyer and discuss this . If you cannot then work out your relationship. You should hire an attorney willing to take your case and is competent to handle the case. That means experience in taking such cases to trial, and willing to listen to you.
Answered on Sep 01st, 2015 at 9:44 PM
Ronald A. Steinberg
Fire the lawyer and get a new one. You are not married to the guy. If your son is over 18, he must do it himself; if he is under 18, then as the parent and guardian, you do it.
Answered on Sep 01st, 2015 at 9:44 PM
Thomas Edward Gates
You need to look at the agreement that was signed. You can change attorneys, but you still have to pay the current attorney for his work.
Answered on Sep 01st, 2015 at 9:44 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You and your son have a right to change lawyers if you are not happy with your representation. It would be helpful to know more about the case to provide you with an opinion as to what your options are.
Answered on Sep 01st, 2015 at 9:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You to discuss your case, more properly her sons case, with him with other attorneys to determine whether or not the advice or predictions are any different than those being provided by the current attorney. He has his right to fire the current attorney but there will be issues regarding fees which are already earned for services already provided.
Answered on Sep 01st, 2015 at 9:44 PM
Edwin K. Niles
You can always change lawyers. You can get a referral from your local bar assn.
Answered on Sep 01st, 2015 at 9:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Assuming your son is a minor, you can change lawyers at any time. If he is over 18, it's his call. Before you do make a change, though, give the current lawyer a chance to get it right. Make an office appointment, sit down in person and discuss your concerns candidly, but without accusations or threats. Ask what the game plan is, and see if it can be straightened out. Then decide if you really need to switch.
Answered on Sep 01st, 2015 at 9:44 PM
James Eugene Hasser
If your son is an adult, it's his decision whether to change lawyers. If he is a minor, then you can change lawyers, but it is not necessarily advisable to do so. A lot of times, that is a show of weakness in the case to the other side and it will tend to diminish the value of the case. I would suggest you talk with your lawyer first about your concerns, and if you are still not satisfied, then seek other counsel.
Answered on Sep 01st, 2015 at 9:44 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your son can fire his lawyer, of course. He may still have a fee to pay, or the lawyer might have some lien on the dollar recovery.
Answered on Sep 01st, 2015 at 9:43 PM