What do I do if I want to take care of my injury lawsuit right away?

Question

Two years ago, I broke my shoulder at the gym on a faulty treadmill. The attorney I got has only written them two letters and says after two years they will sue. Can I get another attorney to do something about it now? And do you have any recommendations?

Lawrence Ramunno · Answer

You should tell yourattorney,to try to settle case; and if he cannot settle your case, then file suit. If he refuses, you canretainanother attorney, at any time.

A. Woska · Answer

You may hire a new attorney and allow him to deal with the prior attorney. There will certainly be some fees and expense reimbursements due to the first attorney as well. Recommendations should be requested from the state bar association or by speaking with friends who have used attorneys to get their recommendations.

Jami S. Oliver · Answer

If you want to hire an attorney to file suit, you have every right to do so. You might want to look for someone with litigation experience by checking their website for background information.  It is very important that you choose someone who tries cases and has handled the same types of cases before.

Thomas Bulman · Answer

Generally, changing attys will further slow the process.  After two years, your atty should have an idea of what he will demand.  If you have stopped active medical treatment or returned to work, I see no reason for you to not be pushing the negotiation.

James Kelaher · Answer

You have every right to discharge your lawyer and hire another one, but I would suggest having a face-to-face meeting with your lawyer first to let that lawyer know that you are unhappy with him or her. I can't give you a referral unless you tell me your geographical location, or at least the name of your closest city. Once you tell me that, I'll be happy to give you the names of some good lawyers in your area.

Steven D. Dunnings · Answer

Yes you can get another attorney. You can try the State bar lawuer referral service or ask your family and friends for names of attorneys. If you do not file suit within 3 years of the date of the accident, you will lose the right to sue.

David Stoddard · Answer

You can get another attorney.  However, It is not unusual for it to take this long.  The attorney would have been unwise to attempt to settle the case until you were released by your doctor, which might have been six months to a year after the accident.  It appears that the attorney has made two demands.  It is in your interest that the attorney settle the case without filing suit because lawsuits cost money in filing fees, deposition costs, expert witness costs, etc.  Therefore, less of the settlement goes to you if you have to file suit.  Apparently, the attorney has tried in good faith to settle the case, and has been unable to, so now it is time to file suit.  I would contact the attorney and ask when he intends to file the suit.  I do not know the facts of the case, how long you were in treatment after the accident, and whether the adjuster asked for more information after the first demand, or whether the adjuster made an offer and the attorney gave additional information to get the offer higher.  There are a number of reasons that it would be two years before you file suit.  I would suggest discussing these issues with the attorney.  If you are not satisfied, you can get another attorney.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Francis Paul Hajek · Answer

Virginia personal injury law has a two year statute of limitations for injury claims.  What this means is that a lawsuit must be filed within the two year period.  However, if you are finished treating and the insurance company will not voluntarily pay a settlement, suit should be filed as it typically takes about a year to get to trial.  If you are not happy with your present personal injury attorney, you can discharge him or her and obtain new counsel.  The attorney is required to provide you with a copy of your file.  Since you are not happy with your progress ofr the lack of communication from your attorney, you do have this option.  Good Luck.

Timothy Klisz · Answer

Yes, that is a ridiculous statement to wait two years.  You either have  a case now or you do not.  Your attorney may have a lien on the file for  costs, but you are not foreclosed from seeking more aggressive  representation.

Bernard Huff · Answer

If you are not pleased with your current legal representation, you should converse with your attorney first. If you are still not pleased,you may terminate the attorney/client relationship amicable with an explanation to your attorney/law firm. However, you should make sure you have another attorney to represent you, and that the statute of limitation has not elapsed on your filing a court case regarding your personal injury claim.Check with your local bar association for a referral of other attorneys who specialize in personal injury cases.

Andrew Velonis · Answer

A client has the right to change attorneys at any time.  As for a recommendation, this site tells me that you are in New York State, but does not indicate what city.

Paul Whitfield · Answer

You can terminate the relationship with your lawyer at any time. Keep in mind the  burden is on you (your lawyer)) to prove the equipment was defective. Are you able to do that? You  don't get paid in this world for being injured. You get paid for proving that someone was at fault and that that fault caused your injury, not something you did to yourself. Any personal injury lawyer listed in the yellow pages or on the web will help you IF YOU HAVE A GOOD CASE. The matter of proof may be your attorney hangup here. Talk to him first and see what the problem is. Be plainspoken. You are entitled to know.

David Craig · Answer

I would recommend setting an appointment with your attorney and explaining your concerns.  You only have two years to file your lawsuit.  Hopefully the lawsuit has been filed.  If your attorney won't meet with you or you deices you no longer want him as an attorney you can terminate the relationship.

Eric Chandler · Answer

Yes, you can get a new lawyer; however, your current lawyer may place a lien in your file for the work he or she has performed. You should speak to your current lawyer and make sure you wish to terminate your current contract before speaking with potential new counsel.

Mark Miller · Answer

You are the one who has ultimate control over your legal action.  If you want to settle now and your attorney doesn't want to you need to have a "heart to heart" conversation with your lawyer(s).  If ultimately you are unhappy with the manner in which your attorney is handling your case *you*have to decide whether you want to change attorneys.

Robert Lucky · Answer

In Louisiana, you have one year from the date of the accident/incident to settle your claim or to file suit. In Mississippi, you have 3 years to do so. Based on your submission, it appears that you are in Louisiana. Unfortunately, you may have lost your legal right of recovery if suit has not been filed and it is after the one year anniversary.

Lyle Masnikoff · Answer

You have up to 4 years to sue.  Every attorney has a different style so if you don't like what is happening get another attorney.

Marty Judnich · Answer

A new attorney sounds like a good idea, and is always your right. You should always be happy and informed with what your attorney is doing. I suggest at least talking with someone else.

Gary Burger · Answer

You can terminate your lawyer at any time especially if he is not responsive and is not moving your case.

Jeffrey Wittenbrink · Answer

You only have one year from the date of injury or accident to sue in Louisiana.  You should contact your attorney and ask him specific questions about when the lawsuit should have been filed.  He may be liable for not filing your suit timely if he let the time lapse.

Russell Gray · Answer

You are always free to choose a different attorney.  Before you do, read the engagement agreement to see if there are any penalties or costs you would have to pay after doing so.  You should find a new attorney before you terminate the old one, however.

Jared Altman · Answer

Two years is too long to sit on a case without suing unless there was some special circumstance.

Christopher Earley · Answer

You are free to change attorneys for any reason.

Houston D. Smith III · Answer

You always have the right to choose a different lawyer.  The statute of limitations for personal injuries is two (2) years.  Suit must be filed before the two years ends or you will lose any rights to bring a claim.

Paul Bovarnick · Answer

First of all, if you're in Oregon, you must file or settle your case no more than 2 years from the date of your injury.  And yes, you can fire your attorney and hire another one.  I can't comment specifically on your current attorney, but you certainly have the right to have an attorney who you feel is doing what needs to be done in your case.

Travis Prestwich · Answer

In Oregon you have two years from the accident date in which to file suit or settle your claim.  There are some rare exceptions, but it sounds like you need to speak to an attorney right away.  As for a recommendation, where do you live?

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