As indicated by my colleagues, you always have the option of changing attorneys. Give your present attorney one last opportunity to satisfy your concerns. If it doesn't happen then move on. There are many qualified personal injury attorneys in your area as well as on this site. To check to see if a case has been filed, you can go to this link, https://iapps.courts.state.ny.us/webcivil/ecourtsMain and follow search under your name as a plaintiff. Good luck.
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I suggest you go to your lawyer's office or change lawyers.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
You should consult with another personal injury lawyer. Ask your current attorney in writing return receipt requested for a copy of the file including the pleadings and proof of an index number.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Do you have an index #? If you do, you can try elaw.com. That will tell you what stage the case is at along with a history of conferences and other appearances. If there has been a decision rendered on a motion the disposition will be posted and you will be able to order a copy of the decision (though your lawyer should make all this available to you).
Are you using your comp firm to handle your third party case?
The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
Contact the attys office and request a face to face meeting where some of these questions can be addressed. If you are not satisfied you have the right to look for a different attorney.
You do realize that the WC carrier has a lien on anything you recover in the 3rd party case. They are entitled to recover every penny they paid in TTD, medical bills, and permanency, BEFORE you get a penny. Your attorney should have explained.
Whether your attorney ever worked for your employer has nothing to do with anything.
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: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com
I see you are in Jamaica. We recently had someone come to our office who had previously retained a Queens attorney for their personal injury claim. They also were not getting return calls, and did not receive any paperwork from the attorney when they asked for the pleadings. We obtained a copy of the pleadings from the court, and we found that the attorney filed the lawsuit too late and missed the statute of limitations. I hope you do not have the same attorney. My partner and I have 25 years of experience in handling personal injury cases. You need an experienced and knowledgeable personal injury attorney ASAP. Please call me with any questions at 631-382-7979 or go to my website at castrotrodden.com
Check ecourts on line and you will see whether the suit has been filed and related paperwork. It usually goes online when a judge is assigned the case. If it does not come up, call the county clerk's office for a lookup to see what if anything has been filed.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
Sounds like it is time for you to meet and retain a new lawyer. The relationship between a client and the lawyer should include trust and not have doubt. You have enough doubt in your lawyer to post your question, start meeting with and retain a new lawyer. You will not have to pay additional fees. Your first lawyer and your second will either enter into a fee sharing agreement or they will go in front of a judge at the end of your case for a ruling as to how they will share the fee earned on your case.
Cory Rosenbaum, Esq.
Dear Madam or Sir in Jamaica:
You didn't say the date of accident or when you first retained your personal injuries lawyer. You did not say who sent you the "drafted copies", nor what they are copies of. Personal Injury cases can take 5+ years to get to a Trial.
If he said which Courthouse he brought the actoin or the Index Number, you can go to the Court or the County Clerk's Offices and get information from the Clerk. You may be able to look at the Complaint or the Answer.
Why don't you stop by your lawyer's office and ask for an appoiuntment to meet with your lawyer.
The foregoing is based on the little information provided; additional facts may change the comments given.
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