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My injury was 2003 when i hired my workers comp attorney. ive been told of of the hardship of changing so late is this true?

94590 |

since before regulations for workers comp changed.Ive had this same rude lawyer i cant get any questions answerd, each question i have seems to have no answers. my lawyer did not explain to me that stipulation award was an actual settle agreement with medical still active.I have no confidence that a total redo of my knee replacement has any just action monetarily is due, I am constantly feeling discontenuance of my pay is any day .There has been no discussion of my left knee as far as expeted work comp responsibilities monentarily or other wise. As since there delay in all processes after a flawed right knee replacement therefore, with botched right knee surgury and time, now myleft knee is gone bad. So after recieving such poor lawyership I feel I need a new lawyer. is this possible?

Attorney Answers 4


  1. Workers Compensation cases are difficult because the client has limited control. I would like to say, sit down with your current attorney and get answers to your questions,however, I do realize that you have lost confidence in this person. Your case has been active for 9 years, it is going to be near impossible to find an attorney to take it over. Besides, if you have settled it by Stipulation with Request for Award, 99.9% of the time you will not get an new attorney to take it over as they are not going to be able to get paid because all that is left for you to get is your medical care. If your case has been settled you really need to talk with your current attorney.

    Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer give here.


  2. I agree with Ms. Dowe. If your case is 10 years old, if you've already settled by Stipulated Award, you're going to have a tough time finding a new lawyer to take over.

    First, any attorney fee would have to be split between the new and the old attorney. After 10 years, I hope most of the work has already been done. That means most of the miserable 15% fee would go to the old attorney. Most attorneys don't want to work for less than the 15%.

    Second, if you've already reached a Stipulated Award, most of the attorney fee is already paid. So now the second attorney is really working for free. Most attorneys don't want to work for free.

    Like Ms. Dowe, I recommend you sit down with your lawyer and let him know what you want. Have your list of questions written out ahead of time so yo don't get lost or flustered. Don't leave until you reach some agreements about what needs to be done, what can be done and when he will do it. Good luck.


  3. Changing lawyers is a big decision, but changing lawyers on a previously settled case with no real fee potential is going to be nearly impossible. Good luck.

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


  4. Write your concerns in a letter to your attorney so that it's documented. That might prompt a call or meeting with your attorney. Don't let your frustration turn to rudeness though, that would only be an excuse to continue to ignore you.

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