QUESTION
Should I look for another attorney if 17 months later there's still nothing?
Asked on Apr 08th, 2013 on Personal Injury - Colorado
More details to this question:
I was in a car accident back in November of 2011 and suffered neck, back and knee injuries. The other driver was a taxi cab and ran a stop sign. I took my case to an attorney and explained to him in detail what happened. He took my case and 17 months later still nothing. What should I do? Change attorneys? Oh yeah, my lawyer didn't even realize that the other driver that hit me was a taxi cab until about 13 months later. Help!
14 ANSWERS
Yes, you should definitely consider getting another attorney. I can give you some good names. Make sure to file the lawsuit before November of 2013.
Answered on Apr 24th, 2013 at 2:52 AM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
If you are unhappy with your current lawyer, you are free to discharge him and either hire alternate counsel or represent yourself. You will owe the lawyer any costs incurred in representing you and a fee based on the time he has spent on your case. Usually those items can be asserted as a lien on any future recovery made by you/new counsel. I would suggest it is best to sit down with your attorney and get a clear picture of what he has done in your case, whether it has been investigated, whether medicals have been collected, whether a claim has been filed, whether suit has been filed, what your attorney believes your chances of success are, etc. before you make a decision on any firing him or hiring new counsel. It may just be that you have not been properly apprised of the actions already taken, and if your claim/case is in a good posture, there may be no need for alternate representation. Incidentally, there is no set time for a case to either settle or go to trial, although it is typical to receive a trial date within approximately 1 year from when suit is filed. Generally Michigan law indicates there is a 1 year statute of limitations on any PIP suit, and a 3 year statute for a tort claim. So the suits do have to be filed within those respective time limits if a settlement can not be reached on an informal, out of court basis.
Answered on Apr 15th, 2013 at 4:23 PM
Ronald A. Steinberg
Why don't you make an appointment to find out the status. He may need more information from you to pursue. Cases do not settle when you want them to; they settle only when the insurance company is ready. If you do not like the answers that your attorney gives you, then dump him and get someone else.
Answered on Apr 11th, 2013 at 3:33 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
unfortunately, since you currently have an attorney I cannot give you any legal advice. I can only imagine your frustration with the current situation. Please feel free to contact my office if you wish to discuss further.
Answered on Apr 10th, 2013 at 1:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would have a very frank discussion with your current attorney, and if you are not satisfied with their knowledge and progress, I believe you might wish to seek alternate counsel. There are commonly short statutes of limitations on auto accident claims. Do it now.
Answered on Apr 10th, 2013 at 12:35 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
It all depends. Normally, an attorney cannot begin settling your case until you have reached maximum medical Improvement. If that has not yet happened of happened only recently, then the attorney is probably handling it properly. Without knowing more about the case or what the attorney has done, I couldn't advise you.
Answered on Apr 09th, 2013 at 3:58 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You don't have to live with a sorry lawyer. you have described a clear case of liability. If it was the lawyer should have made some headway by now. in any event he should sit down and explain to you what is going on. If he refuses, fire him pick up your file and find another.
Answered on Apr 09th, 2013 at 3:57 PM
Personal Injury Attorney serving Kansas City, MO
at
Nash & Franciskato Law Firm
Update Your Profile
You have a right to choose your own counsel. You can terminate the contract with your current attorney and request your entire file to be sent to you or to another attorney.
Answered on Apr 09th, 2013 at 3:56 PM
James Eugene Hasser
First, I would make an appointment to see your lawyer and meet with him or her to discuss case progress. If you are not satisfied after that, you may want to consider seeking a second opinion. Look for a lawyer experienced in accident law. If you are going to do it, you better do it quick, though. The statute of limitations is 2 years in Alabama. November comes quick.
Answered on Apr 09th, 2013 at 3:55 PM
Thomas Edward Gates
Yes, you may retain a new attorney. Ask for your case file so that your new attorney will not duplicate efforts. Read your contingency agreement, you are responsible to pay for your current attorney's time and fees.
Answered on Apr 09th, 2013 at 3:55 PM
Sounds like communication has been lacking with your attorney. You should not be okay with this. Your attorney should be readily able to give you a status of your case. I suggest you make an appointment with him and get the answers you seek. If you are still not satisfied, you are certainly free to obtain a second opinion from another law firm.
Answered on Apr 09th, 2013 at 3:53 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
First have an in-office conference with your current lawyer and ask him to show you exactly what he has done. If he cannot show that he has done some serious work on your case, discharge him and find another.
Answered on Apr 09th, 2013 at 3:52 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
It's usually a bad idea to change horses at midstream? Maybe your lawyer can give you information that will help you to understand why it's taken this long to get a resolution.? Have you done all your treatments, and are you finished with them? Your lawyer has little control over what the other side does; the only "force" he has at his command is the filing of a lawsuit. Lawyers often hesitate to file suit out of impatience because it just gets you more of what made you impatient in the first place once you file suit you're in for many more months, maybe years, of waiting
Answered on Apr 09th, 2013 at 3:52 PM
Municipal Law Attorney serving Paw Paw, MI
at
Mark A. Manning, P.C.
Update Your Profile
There is an old saying "don't change horses in the middle of the stream" and I believe that is generally good advice. Now with that being said 17 months in a PI case is not an extra-ordinary time between intake of the case, obtaining medical and accident records and initiating some form of early contact with the insurance carrier. Some cases take longer than 17 months. It is important to remember your medical condition must "resolve" to some degree before you can really put a reasonable settlement range on your case, so if you are still treating or awaiting further medical procedures, your Attorney may be also appropriately waiting to see how your condition shakes out so they can determine a range for reasonable resolution. I would suggest you contact the Attorney and schedule a face to face appointment with him or her. Review your file and the progress he or she is making. If you are confident there are good common sense reasons for the case taking time, great. Still keep in touch. Remember you have a Statute of Limitations that affects a personal injury case in Michigan - typically a case must be filed with the Court within 3 years from the date of accident or it will be time barred so keep on top of your case's deadlines.
Answered on Apr 09th, 2013 at 3:51 PM