Should i fire my workers comp attorney??????

Asked over 2 years ago - Conyers, GA

i have been out of work for 7 months with a neck and shoulder injury.i was referred to have a cervical fusion in december and it was denyed by adjuster.they said they want a 2nd opinion which they still have not aranged.i have an attorney,he said he tries to contact them but they never return his call.he said he has filled for a hearing but has got no response.i had investigators following me for 4 weeks.they have stopped refilling my medication.my adjuster sent my attorney a settlement offer for my shoulder refusing neck treatment .they said i wasnt complaining about my neck.i was complaining about arm pain,didnt know it was from my neck.my attorney is trying to get me to settle.said they think they can get a judge to side with them on refusing my neck treatment.should i change attorneys?

Attorney answers (4)

  1. Lisa Morgan Edwards

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . Most times a hearing will get scheduled within 30 days of filing a hearing request, but it may get postponed one or two times in order to complete discovery. You should call your attorney and get some questions answered before hauling off and firing him or her. Has a hearing been requested, if so how many times has it been continued and by whom? Also has written discovery been conducted?. Have you been asked to give a deposition? Has your doctor ritten a narrative report stating you need surgery and it is related to your on the job injury.

  2. Harold W. Whiteman Jr.

    Contributor Level 13

    2

    Lawyers agree

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    Answered . The other attorneys have given good advice. I believe you posted here last month or at least someone with the same concerns did. I would appear to me you have a reall communication problem with your attorney. If you have in fact tried to sit down with your lawyer to find out what is going on and have not been given answers, it could be time to find another one. It could be that the evidence is simply too much against you on the neck component of your injury. That may be why he/she is not willing to pursue it. If that is the case, another lawyer wont be able to solve that problem.

  3. Michael Richard Moebes

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Try to arrange an in-person meeting with your attorney to go over your concerns. If he filed a hearing request, settings often get postponed several times before the hearing actually goes forward, so this isn't his fault, but you may need to encourage him to be more aggressive in pushing for your hearing to go forward asap.

  4. Virginia Louise Hunt

    Contributor Level 8

    2

    Lawyers agree

    Answered . I agree that it is essential that you meet with your attorney to discuss your concerns before deciding to fire him. When you do meet with your attorney, if you still aren't satisfied that the attorney is representing you aggresively, then be sure to ask whether you owe the attorney any money under your representation agreement for his services so far. Attorneys who take cases on a contingency fee basis usually have a clause in their fee agreements that entitle the attorney to bill for whatever time they have put in the case if the client decides to terminate the attorney's services. You may think the attorney has "done nothing", but you may be wrong about that. You don't want a situation where you owe one attorney a fee when you try to find another attorney. My office staff asks potential new callers whether they have had an attorney already on their case. I don't want to take cases where another attorney is expecting to get paid from the claim.

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