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I have a PI attorney in Colorado. Im living in Florida, its been over a year since my accident and claim. Hit from behind on a

Ocala, FL |

Harley. TBI and other major injuries Farmers Insurance is holding up settelment. Could firing my attorney save me money, seeing that this looks like it's going to be another year if Im to recieve policy limits? And if I did fire my attorney could this delay further my Claim?

Attorney Answers 4


  1. If you fire your attorney, he/she can simply file a lien to recover the attorneys' fees and costs that have been incurred thus far on your case. I would call your attorney and tell them your concerns. While a year may seem like a long time, it is a relatively short amount of time when it comes to making a claim and pursuing civil litigation. Give your attorney a chance to fill you in on what has been accomplished in the past year and answer any questions you may have about the timeline going forward and what to expect as your case proceeds. Given your injuries, I would expect that you are still receiving treatment or perhaps have only recently completed your treatment. It is not advisable to resolve a claim while a person is still treating and/or the extent of their injuries is unknown, because once you settle, you cannot reopen your claim to include additional injuries or medical expenses. Always remember that the phone works both ways. Don't feel you must wait to hear from your attorney. You are the client and they work for you, so you should never hesitate to contact your attorney when you have questions or concerns.


  2. You are free to discharge your attorney at any time; for good reason or not. The attorney maintains a lien for services rendered; without getting more complicated. Almost always it is never a good idea to represent yourself. There may be issues of coverage, policies, liens, negotiations, and more, you are not familar with or experienced in. Strongly suggest you contact your present attorney and vent your concerns. Good luck.


  3. First, is your case in Colorado with a Colorado lawyer under Colorado law? If so, post this elsewhere. Second, you ay Farmers insurance is holding up a settlement. This does not mean anything. What are they doing? Is there a settlement? If there is a settlement, in Florida, motions to compel same maybe filed. Third, firing your attorney, without cause, will not save you any money and it may actually cost you money. The attorney will likely still be entitled to some fees. In Florida that would be quantum meruit, the value of the services provided. Fourth, yes firing an attorney can delay a case. If you hire someone else they have to upgrade themselves on the specifics of your on going case.


  4. I specialize in motorcycle accidents, and I agree with the first answer posted above. If you fire the attorney they will have a lien on your case for the reasonable value of their services. You should probably have a local lawyer here where you are getting your medical treatment, and would only require local counsel in Colorado if you need to file suit. If your medical care is well documented, a demand to the insurer should be sent out. I recommend that you get a second opinion from a local lawyer who will work with a Colorado lawyer should the case proceed to litigation. If the case is already filed, stick with your lawyer and don't hesitate to schedule periodic status conferences via phone.

    Good luck,

    Brad Winston
    954-475-9666
    www.JusticeForOurBrothers.com

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