If I'm not satisfied with my attorney but have a contract what are my options?

Business 5 views 4 answers
I have a malpractice injury that has been proven and I'm going to be in pain for the rest of my life yet because of my back ground I'm being told that I have to settle for less than 8000. I know I should be thankful to get anything but I feel like I'm getting screwed bad. I have to wear a brace 24/7 and they wear out easy. $8000 will not even cover the braces if I live 5 more years. Not to mention that I'm in constant pain and have to have help dressing showering shaving and can't even put on a pair of gloves to keep my hands warm or do hair or nails like I use to. I need help here please. Any advise will be better than sitting here waiting and in the dark. Thank you Julie

Attorney Answers

4
Eliot Wolf ·
Speak to other malpractice counsel to see if they believe they can do better and then consider if it is worth breaking the original retainer agreement.
0 upvotes
Gregory Bevel ·
There is certainly no harm in getting a second opinion from another lawyer in town. Find someone who is Board Certified in Personal Injury Law and also someone here in Dallas with experience in Medical Malpractice. Make an appointment and go and sit face to face with them and explain your situation. The tort reform laws have made med mal cases very difficult to pursue, even more difficult to win, and because of that, the settlement values have fallen drastically in lots of med mal cases. But don't be discouraged to the extent that you don't get yourself a second opinion before you settle. Your current lawyer may be absolutely right in his/her analysis of the value of the case, and you'll at least have the second opinion to reassure you that your settlement decision was the correct one. Good Luck to you.
0 upvotes
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
No malpractice claim is really proven until the jury renders a verdict and it is upheld on appeal. I suggest you arrange a face-to-face meeting with your attorney and tell him or her that you are not satisfied with the proposed settlement. It may be necessary for your attorney to file suit if that has not occurred already. If, after meeting with your attorney, you are still dissatisfied with his or her performance, you certainly can shop your case to other attorneys and see if they are willing to undertake your representation. You may want to find a new attorney before you discharge your old one, just in case it is difficult to interest a new attorney. Your new attorney can obtain records etc. from your old attorney by the use of a release signed by you.
0 upvotes

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