Hello, my mother's personal injury case (from a car accident in which she was a passenger) has dragged on from the summer of 2008 with no end in sight. We think her attorney wants her to settle for $10000 (this amount was offered as a settlement) or just decided it’s not worth pursuing. She was already disabled at the time of the accident and receives SSI and to make matters worse she does not speak any English. (Her attorney is bilingual English and Russian) I called the office a couple of times no one ever returned my calls. The other passengers involved are suing the parties responsible for the collision and their case is moving forward. All of them got together and hired the same attorney. We hired a separate attorney and now paying for that mistake. Here is some information about her case off this website elaw.com On APRIL 26, 2010 a Request for Judicial Intervention (RJI) was filled. The last appearance before a judge was on 04/10/2012 After that we only met with her attorney once, he prepped her for a deposition. Also he referred her to a doctor who did a very short examination. It happened in the summer of 2013. Since then we have not heard anything from the attorney. The insurance policy is 300000 and there were 6 people involved. What is the best course of action under the circumstances? Suing the attorney or filing a complaint against him with the bar association for neglect? Or it’s okay to wait? Thank You.
Richard S. JaffeCar / Auto Accident LawyerNew Hyde Park, NY ·
i would ask for a meeting IN WRITING with the attorney where you and your mother can discuss your concerns. often, cases like yours are consolidated with the cases of the other passengers, and the case moves slower than usual due to all of the discovery proceedings that have to take place concerning all of the other parties. among your questions should be whether your attorney feels that a summary judgment motion would be appropriate so that the issue of liability can be determined against the defendants, which would trigger the running of interest on any verdict your mother might end up with. Additionally, depending on your mother's age, your attorney might be able to make a motion for a special preference to speed up her case. as well, your mother should ask her attorney what if anything is preventing him/her from filing a note of issue, which is a document that signifies that her case is ready for trial. if your mother is unhappy with the attorney she originally retained, she can always change attorneys to someone else she does feel comfortable with. i dont think suing her attorney will do any good whatsoever, nor will filing a a complaint with the bar association, as neither will advance your mother's case to its ultimate conclusion any faster.
Perhaps the attorney doesn't think her injury meets the serious injury threshold required under the Insurance Law. You are always free to change lawyers.
I agree with everything that has been said and just want to add that if you ultimately think you do want to switch attorneys, this is a right you have and there will not be any extra fees or costs to you. The new attorney will need to agree to work from your original retainer agreement and then work out how to split the fees with the first attorney. We've written a free booklet on this subject which you can download from the link below.
I think the best course of action is for you and your mother to demand a meeting with your attorney. If he does not agree to meet with you, I would recommend finding a new attorney. There is no additional cost to your mother should you decide to hire a new attorney to take over the case. From what you described so far, there has been no conduct by your attorney that would give rise to a lawsuit against him. Also, I don't see anything here that would be considered unethical. It's just poor communication. Maybe a meeting can clear it up.
You have absolutely no grounds for any case against the attorney. If your mother is not satisfied with the lawyer she has, she is free to change. While it does appear that the case lagged, it would seem that it is finally wrapping up. You didn't fire the attorney while the case was lagging, does it make sense to fire him now that it's almost completed?
