QUESTION

What can I do if my attorney is not aggressive enough with my case on a workman’s compensation issue?

Asked on Oct 25th, 2012 on Personal Injury - California
More details to this question:
I am 49 years old .I have gone to court twice I broke my wrist at work when I slipped and fell a flight of stairs at the time I was 47 years old. The insurance company has been real bad with me from the begging. My Doctor sent in my evaluation and a quote of a considerable amount for my injury and now my attorney is telling me that the insurance company wants a settlement after a year and four months. For very much less that my doctor has advised. And I do not know if the attorney has taken into account my permanent disability, fallen wages I feel as if he has or wants to do a back door arrangement with the insurance company. After all this time that has passed, he is telling me now he wants me to go on with my life? I feel betrayed. Please help. Thank you. P.S.: My wrist still hurt as does my shoulder and hip all my left side where the injury occurred.
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10 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You are free to discharge your attorney for any reason you want. If a lawsuit is on file, the attorney would have to ask the judge to be permitted to withdraw from your case. Judges in civil and workers' compensation cases routinely grant this request. Depending on the fee agreement you signed with the attorney, he or she may be entitled to be reimbursed his or her costs and expenses as well as fee based on the time spent working on your case. Before you consider discharging your current attorney I would suggest sitting down with him or her and discussing your concerns. He or she may have good reasons why they are suggesting taking a low settlement offer. If your attorney did have a "back door arrangement with the insurance company" that would be an ethical violation and could subject the attorney to sanctions ranging from a private reprimand to disbarment. After you talk with your attorney and if you are still unsatisfied or feel betrayed then you should try and find a new attorney to take over your case. Clients need to be able to trust their attorneys and attorneys need their clients to trust them for a successful attorney-client relationship.
Answered on Nov 08th, 2012 at 5:30 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Worker comp cases are mostly math. Average weekly wages up to a cap times the number of weeks allocated to the body part times the percentage of disability. The doctor makes the disability call. Ask your lawyer what the problem is. Doesn't much matter what you or he think. It is usually just a math equation , unless of course there is a question of facts involved or a question of long range care. don't fret in ignorance and fuss about your lawyer. ask him, insist on answers. if he wont answer, fire the rascal and hire another.
Answered on Oct 30th, 2012 at 9:11 PM

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A "real bad" insurance company? What's next? I've got news for you. They're ALL BAD. None of them want to pay out any money. As for your attorney . . . file a complaint with the MI State Bar. You may be able to sue him if he played you. Be careful though . . . attorney can sue you if you're wrong.
Answered on Oct 28th, 2012 at 3:42 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should put your concerns in writing and send it to your lawyer with a quiick deadline for a response. ?
Answered on Oct 28th, 2012 at 3:40 AM

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I don't know anything about your case and certainly not enough to value it, but wrist injuries don't provide a lot of money for impairment benefits. Did you ever think your lawyer might be right?
Answered on Oct 28th, 2012 at 3:35 AM

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Ronald A. Steinberg
Did you go to law school? Do you know how to try a law suit? If not, then let the lawyer do his job. If you can do it better, then do so. As an attorney who deals with many people, and all kinds of people, I am always amused when someone who may have actually graduated from elementary school, maybe even middle school, and on rare occasion from high school thinks that they know more than someone with a college degree, a professional degree, and years of experience. Of course, we may not be perfect, but usually there is a reason for doing things the way we do. You might ask him. You might learn something.
Answered on Oct 26th, 2012 at 4:30 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Go on with your life. You are not totally disabled. Minor pain is never enough. Don't settle. Go back to work and prove you can't handle it anymore.
Answered on Oct 26th, 2012 at 3:49 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get copies of all of your records and correspondence and take them to another attorney for an independent opinion. Discuss the case and the reason for your present attorneys current recommendation. Expect to pay for it. If the additional attorney agrees with you, ask your new attorney to substitute into the case. You'll still have fees which shall be due to your previous representative.
Answered on Oct 26th, 2012 at 3:49 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You hired him for his advice. Now you don't want it. You can switch attorneys if you want, but there's no telling that you would get a better result. Maybe you will get a better result. Maybe it's gone too far for a new attorney to make any difference.
Answered on Oct 26th, 2012 at 3:33 PM

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Workers Compensation Attorney serving Santa Ana, CA at Dennis K. Thomas
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You can seek the advise of another attorney to see if his analysis is the same as your present attorney. Realize that all attorneys view cases differently, but if the second attorney feels that the first attorney is doing a good job, then you can have some confidence that your present attorney is fully representing your interests.
Answered on Oct 26th, 2012 at 3:33 PM

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