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My workmans comp attorney is not giving me answers and I need a new attorney. What steps should I take to find a new attorney?

Los Angeles, CA |

its a stress case &Its been 3 months since pqme report has been issued. My employer has been calling and sending forms to fill out. I sent the forms and questions to my attorney but have never received an answer from my attorney and he still has not given me any info about how my case is progressing and its been 11 months since the start of my wc open case and employer is preparing to fire me when the 12th month of leave elapses.Pqme has been issued, workmans comp has still not been approved and no court date has been set. I have the pqme report, my list of doctors names and numbers, my workmans comp denial letter and my attorney letter as well. Is there anything else I need to show a prospective attorney? I surmise so late in the game it may be more challenging to find new counsel

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Attorney answers 4

Best Answer
Posted

Mr. Corson is correct about the PQME report being the most important document. And you are right that you face a challenge finding new counsel. May I suggest that you call your attorney's office and schedule a face-to-face meeting in order to determine what the current status is. Make a list of your questions before the appointment and make sure that your attorney gives you enough time to answer them (within reason).

If you can not get an appointment, or the answers are unsatisfactory, you should use www.avvo.com or www.caaa.org (the applicant attorney organization) to locate a skilled worker's compensation attorney in your area. Given the timing issues you raised, you should move with all due speed.

Good Luck

The information given is generic and does not constitute legal advice, which would only be given after a consultation and complete review of the specific facts of your case.

Asker

Posted

thank you so much

Posted

You are about to lose your job. You only have a 12 week job guarantee under Family Medical Leave, and your Employer is objectively generous to keep your position open for an entire year. If you found it overly stressful, losing the position may not matter. If your claim was denied, your SDI benefits will probably expire after 52 weeks if you have been regrouping and/or convalescing since your claim opened. I don't know what the QME said, but that is the most important document that you can show the prospective new attorney.

Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

Posted

Once again, Mr. Corson is the first to answer and gives stellar advice. Pay attention to what he said. Same goes for Mr. Laden's advice. They both got it exactly right. Good luck.

Asker

Posted

Wow, I have this situation all wrong, people are complaining they are not getting progress after One Year, and my attorney won't answer questions or refuses to update my complicated case of ten years. I should have found a new attorney five years ago because it's apparent there are attorneys who do not blow their clients off. Attorneys who don't use their secretary to lie to each client that calls for any information. I like this site and the legal expertise it offers anyone needing legal help.

Asker

Posted

yes its a good site

Asker

Posted

To "Asker", thank you for having "brass" to fight against someone not representing your interests. I wish you a happy holidays and hope you kick ass in 2013, God Bless you!

Asker

Posted

Happy Holidays to everyone of the attorneys who donated time to answer our questions. I referred a real estate law case to a AVVO-contributor in August 2012. I suppose it pays to in certain cases to be a cheerful giver, HAPPY HOLIDAYS AND HAPPY NEW YEAR! Thank You Dear AVVO Attorneys!

Posted

The PQME report should be enough for an attorney to make a decision. The attorney will take the case if it ready to settle because it is largely an accepted fact that the settling attorney takes 25-33% in OC and LA area. Therefore, if the case is in fact ready to settle an attorney may take it. However, you must let him know that you want it done immediately and what is an estimated time because you dont want the attorney to hold the case in order to have more grounds to request more attorney fees from your prior.

Ruben Alonso Montoya

Ruben Alonso Montoya

Posted

25-33% of the attorney fees which is 15% of the entire amount settled. Not to misunderstood as 25-33% of entire case. Good Luck!