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Asked 8 months ago - Orlando, FL
FlagCan I demand to see all the correspondence between my lawyer and the Insurance co. such as the demand letter and the reply to it etc. ? In other words if I ask will I be able to see the case file so I know what they have actually been doing? I'm considering ding it my self because of the horror stories I hear from people about lawyers who neglect cases especially when they are not major cash cows
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The file is owned by you, so yes, in theory, you have that right. However, you simply should hire a lawyer with experience, who cares about a client- not a cheeseburger factory like you see every 5 minutes on your television. We are happy to assist you with it. Check is out at www.knowthelawyer.com.
You can always see what your attorney is doing by asking for a copy of the file and/or asking for you to be CC on all letters sent on your behalf. Yes, there are attorneys that let clients get neglec ted we have all observed those posted but there are 10000 more that do not neglect their clients so just make sure your happy with who you choose. I do not think people should handle cases on their own simple because they are not attorneys. There is an infinite number of things you can do to harm your case which sometimes cant be undone.
The short answer is yes, as the client you are entitled to see all correspondence between you and the insurer for the at fault party (or your file in general). However, as a practical matter, it is odd for a client to review an ongoing file. If you are concerned about your file being neglected, feel free to contact your attorney intermittently for status updates. If he or his staff does not respond promptly (or at all), then that is cause for concern.
If you are concerned about your representation, you should absolutely address this with your attorney including asking to see the extent of the correspondence to date. You are also free to terminate your attorney at anytime and retain another attorney (your prior attorney would have a lien on the proceeds of your claim for the time and costs expended though that comes out of the fees and costs recovery).
If you wish to discuss this in greater detail, I am licensed to practice in Florida. Otherwise, good luck to you!
The key is to hire a quality plaintiff's attorney, trust their judgment, be very open and honest, and you will find your attorneys to be great advocates for you. Don't plan for failure. While you have a right to receive all copies of your file other than your lawyer's notes, there is usually no need for such vigilance if you hire the right lawyer. Your lawyer has an ethical duty to represent you zealousy and to keep you informed off the progress of your case. Beyond that, plaintiff's lawyers have to produce results, or they do not get paid! I highly recommend The Florida Firm in Orlando. They are the type of lawyers whom you can trust, and who produce great results. Good luck to you.
The answer to your question is yes. Our policy is to copy our clients with all correspondence and case filings to and from opposing counsel or insurance company if we are still dealing with just the adjuster. We are in Fort Pierce 100 miles away from you but if your case meets our criteria meaning you have a serious injury and there is insurance to collect and someone else caused your injury we will take your case and get you more money for the harm caused you than you can by going it alone without an attorney.
When you hire your personal injury attorney, I suggest that you make an agreement with him or her that they will copy you on all correspondence sent or received from the insurance carrier. The horror stories I hear about are those where people have tried to represent themselves and have screwed up royally If you needed brain surgery, would you do it yourself at home on your kitchen table with a knife and mirror? I think not.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
When you hire and Attorney for a case such as this in the State of Florida you sign a Statement of Clients RIghts which outline the rights you have as a client, and it includes the requests you have laid out above. Remeber if you fire your present attorney, he may assert a lien on your case. I would suggest setting an appointment and give your attorney a chance to answer your questions.
