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Can I change Injury attorney without hurting my case ?
Anonymous6 views8 answers
Rear-ended/ stopped at traffic signal fall of 2010. taken to emergency room. Have bulging T4 and T5, pain that wraps from back mid spine on left hand side to mid chest. Feels like being crushed the pain is sharp. Left arm and hand sometimes numb. Retained attorney 8 days after accident. Therapy and medical treatment abt 1 year . Released and told me to live with it. Had Mri's / xrays etc. Pain still is horrible, limits daily activity, had to quit part time job. I am over 65, female. Right side head/ neck area and just behind the ear on right side is painful Have lost some hearing in right ear. Also right eye is very slow to open after sleep. Believe my attorney is not competent to handle case-he stated other side offered 2000. as settlement...not worth much .I have lost more in wages.
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
If you have been offered only $2K, it's hard to imagine how the case could get worse.
You do not mention insurance limits, availability of your own health insurance and underinsured motorist coverage, or any expert medical. The issues affect not only the value of your case, but also your bottom line after medical expenses are considered. If the impact was minimal, or if you failed to wear an available seatbelt, that could be the reason for the low offer.
You do not mention where the accident occurred. Your attorney should, generally, be located in the county where the accident occurred and is filed, especially if trial is a distinct possibility. The fact that your attorney had you travel, as opposed to the attorneys traveling, should not factor into your decision.
Seek a second opinion if you do not have confidence in your attorney. You should be prepared to share your attorney’s file with any attorney you hope to retain. The longer you wait, the more difficult it will be to find an attorney willing to take over. Good luck.
Yes, you can fire your attorney at any time, however, your current attorney may have a significant lien on the case. The lien may make it less appealing for a new attorney to take it on. You can always shop around or go for a consultation with another attorney.
Simply answer is yes, you may change your attorney at any time. Whether appropriate here would only be a guess. Many important facts are within the specific knowledge of your attorney and would require a review of your file. Assuming you have qualified personal injury counsel in all probability your case is being handled appropriately. If you do not, while then who knows. Schedule a meeting with your attorney. The sooner you act clearly the wiser. Good luck.
You can always replace your attorney and you may want to do so if you are not happy with his services and/or don't trust him. But, as pointed out, he may a significant lien on your case (meaning that he will be entitled to part of your recovery). It may be worth your while to speak to another local attorney to see if it makes sense to make a switch at this time.
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
I hope your attorney filed a lawsuit because you indicate that the accident happened in the fall of 2010. If he did not, you may be already out of the Statute of limitations. If he did, You can always change attorneys. I doubt the lien from your attorney may be too big if they are offering you only $2,000. Talk to him and ask him if he will release the case for his third of $2,000.00 Best of luck.
Marc LazarusPersonal Injury LawyerNewport Beach, CA ·
If you were rear ended, had $6,000 in property damage, had your seatbelt on, had liability coverage, struck by a vehicle with commercial liability insurance, we're transported from the scene by ambulance, are 65 years of age, have a loss of income and bulges in your thoracic spine due to the collision, then $2,000 offer makes no sense whatsoever and you should have another attorney review your file for you at this time.
Marc Lazarus
www.russellandlazarus.com
(800)268-9228
Legal issues aside, it sounds to me like you need medical care. Money is great, but your health is more important. The hearing loss may not be accident related, but you should get it checked out. Bulging at T4-5 and 5-6 doesnt usually cause radiculopathy in the arm/hand. if that is spine related, it is more likely cervical in origin. You have not had complete diagnosis and or care. Follow up on that immediately.
If you are not happy with your attorney get a new one. However, you should give him the courtesy of explaining his take on the case and how he plans to get fair value for you.