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Ryan S Montgomery
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Ryan Montgomery’s Answers

324 total


  • I already have a comp lawyer but I am not happy with the service can I drop him and get another lawyer? It has been 25 weeks.

    I got the ok for surgery 5 weeks ago but still no surgery date and no comp checks.

    Ryan’s Answer

    We get these calls all the time. The short answer is yes you can drop them at any time you see fit. If I were the lawyer involved, I would want the issue be brought to my attention so that I can try and fix it. Many times the delay is not your lawyer but the insurance carrier then again it may not be. If you raise the concerns and your thoughts that you might terminate the relationship then it may prompt action or at least prompt additional information as to why there is delay.

    As for the weekly check I cannot comment because I do not know the circumstances. In order to get a weekly check you must be written completely out of work or be placed on restrictions that your employer cannot accommodate.

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  • I was assaulted about 8 months ago in Columbia,SC. Can I still file a lawsuit? I will try to explain in detail as much as I can

    I was tackled by someone who was extremely intoxicated on the street. This resulted in me breaking my ankle. It required surgery and I now have a plate with 10 screws. This has cost me many problems and has cost me financially. After the guy tack...

    Ryan’s Answer

    Generally you have three years to file a personal injury lawsuit. If you have a case, then most personal injury lawyers take the case on a contingency which means their fee comes out at the end of the case. I'd suggest you schedule a free consultation with a lawyer.

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  • I chose a Lawyer was given a different one on phone & he would not take my case, I let him know I called for the other Lawyer

    Work related accident, I need an Attorney

    Ryan’s Answer

    Do some research on lawyers. There are plenty in Greenville. See who you think will fit your needs then schedule a free consultation.

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  • Released my Lawyer I signed form he has not signed 08/05/15 said they would be mailed not recieved only have copy I signed,

    I refused to confirm Deposition Date and released him, deposition would have been this coming Monday, am I safe with my signed copy and can I pursue another Lawyer now for Worker's Comp Case

    Ryan’s Answer

    What form? Form 61?

    If you released your lawyer then you should be given a copy of your file.

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  • I worked for a company in April 2015 and a coworker knocked me down with a forklift. I have had back problems ever since. InJuly

    I was terminated from this job with no warning and was told to unemployment I had an uncooperative attitude. I cannot get unemployment and have been without pay since 7/13/15. I cannot go to the Dr as I have no income.

    Ryan’s Answer

    You have 90 days to report the injury. From there the employer/insurance carrier should be providing by you medical treatment. If you received that and a doctor had you on modified duty at the time you were terminated then you may be entitled to a weekly check. You shouldn't have to pay for your medical- the insurance carrier should be. Based upon the information given there really isn't enough information to answer with detail that applies to your case. Need to know whether you were getting medical treatment, were you in work restrictions, did you report the injury, etc.

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  • Worker's Comp Dr. included in notes past Medical history not related to injury, is he allowed to do that

    I was injured lifting & he included unrelated Medical info on my report

    Ryan’s Answer

    • Selected as best answer

    They always get a medical history whether relevant or not. Once you put your medical condition into question your history becomes somewhat relevant or is may lead to relevant information. We see this all the time when the attorneys for the insurance carriers subpoena medical records from every doctor you have ever seen. It seems to be par for the course these days.

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  • I'm releasing my Lawyer, inquired on lien clause & he replied in e-mail I would be released from lien do I need that in writing

    Workers Comp he is requiring 25.00 fee to get file, is his E-mail good enough to release me from lien clause

    Ryan’s Answer

    Most of the lawyers in our bar are good when it comes to keeping their word when it comes to things like that but if you want it in writing it sounds like you have in it an email that would suffice. The way it typically works is that if he/she secure you an offer of settlement they are entitled to 1/3 of that offer however if there is no offer of settlement then there is no fee/lien. They are entitled to their hard costs back regardless which if you hired a different lawyer that new lawyer could address for you. is you lawyer not pursuing fees? Their costs?

    Ryan

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  • What to do if you can't afford lawyer

    Can't afford lawyer

    Ryan’s Answer

    You can talk to the public defender and see if you qualify for their free representation.

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  • Victim of a hit and run

    I was the victim of a hit and run several weeks ago. Fortunately, a witness came forward with a license plate number and the guy got picked up and booked in jail. I had to go to the ER with pains and a sprained ankle. The whole right side of my ca...

    Ryan’s Answer

    Typically 1/3 but SC allows 40%. Most only charge 40 if it goes to trial. There are so many factors but that is "generally" what is permitted.

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  • At fault accident with lapsed insurance, other driver wants me to pay restitution before our court date. Is this a good idea?

    My 17 year old had an at fault accident, I had let the insurance lapse (I was actually buying insurance at the time of her accident) I gave the newly acquired insurance as our coverage. Obviously they aren't going to cover us as the purchase went ...

    Ryan’s Answer

    By law in SC all drivers are required to have insurance and with that comes uninsured motorist coverage. The other driver can easily file the claim against his own insurance which is a no fault claim so shouldn't effect his/her rates. The only resulting damages for which you might have to pay restitution would be the deductible. Other driver may be "double dipping"

    Get insurance before court for sure though.

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