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Is my attorney working in my best Interest and if not is it too late to seek another attorney

Saint Louis, MO |

I was hurt at work and reported my injury immediately. I was sent for treatment for 6 weeks and received TTD for six weeks. Their doctor said I was at MMI and released me back to work,my doctor referred me to a specialist who said I could not go back to work. That was January 2012. Since then I have not received a penny. My private insurance has paid for a year if injections and therapy and four back surgeries two of which being lumbar fusions. My attorney does not return phone calls or emails. I ask for updates and am told that opposing council is being difficult but that I should expect that. I am new to the system but I feel like my attorney is blowing me off. I have not reached MMI yet and settlement has not even been discussed. Is it too late to get a different attorney?

Attorney Answers 4


  1. It is not too late to get a new attorney. The decision to hire a new attorney should never be taken lightly.

    You need to remember that your present attorney has a lien on your file and is minimally entitled to be compensated for the work they have already performed.

    That said, if you have received no TTD for nearly 18 months and you have never had to appear for hearing, it certainly does not sound as though your attorney is being very aggressive. Your best advice is to make an appointment to sit down with your attorney, face-to-face and make your attorney explain exactly what his plan is to get money for you to pay your bills until you reach MMI. If the answers are unsatisfactory, you need to seek the assistance of another attorney. Before you make any commitment to another attorney, speak with at least two more attorneys on more than one occasion. Use your own life experience to evaluate whether you believe any of the attorneys with whom you speak possess the requisite skill, ability, resources, and will to fight for you.

    If you're going to make a change, you need to make it as soon as possible. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. I try not to advise people to fire their attorney. However, you have the right to terminate your attorney at anytime. Having said that, I would set up an appointment to air out all of your concerns and have a heart to heart meeting. If your attorney will not do that for you, then you have every right to seek new counsel. I would be happy to give you referrals, but will not do so until you have tried to set up a meeting and discuss your concerns. I would also not do that until you are no longer represented by counsel.


  3. If you are not MMI, then settlement is premature. If your injury was rejected, then we know why you are not getting paid. Before you change Attorneys, ask yourself what he could do for you that is not being done.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  4. Get a new attorney

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