I was in a car accident a year ago and have had pain in my back and neck since. The person that hit me was texting and driving. I've seen an orthopedic, and he advised its most likely permanent damage, and will most likely need surgery in the future. The doctor doesn't recommend me doing surgery now because I'm only 29yrs old. I've done months of physical therapy and an epidural injection in my lower spine, and I've been on pain meds since the accident. I have a herniated disk in my lower back, and a few bulging discs in my back and neck from the accident. I've never had any medical issues in the past. The man that hit me has 250k in coverage. I have over 45k in medical bills and 20k in lost wages. Seems like my attorney isn't doing much and I'm thinking about firing her. Please advise what my case is worth and if I should look for a new attorney?
Without knowing all of the facts, it's impossible for any attorney on this forum to tell you what your case is worth. However, if you are not satisfied with your current counsel, arrange a face to face meeting with her. Raise your concerns and allow her to apprise you of what she has done to advocate for you thus far. If you are not satisfied with her response, you can always terminate the relationship and retain new counsel.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
If you are still seeing the orthopedic surgeon, then there isn't much your attorney can or should be doing now, because the value of your case will be greatly effected by whether or not surgery takes place.
A free consultation is not legal advice, nor is the answer to the question listed above or anything posted on this website. This answer is general information. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case
"Seems like my attorney isn't doing much" is MEANINGLESS.
PLEASE SIT DOWN WITH YOUR LAWYER IN PERSON AND GET ON THE SAME PAGE.
Questions you should ask:
1. Have you demanded the insurance policy with an "Olympia Fields" letter? When? What response?
2. Has a lawsuit been filed? When do you plan to do this?
3. Make sure your doctor has given this opinion in writing and it is rock solid that the damage is related to the crash.
Do NOT fire your attorney. Instead, talk to him and get the case plan put forth and get on the same page.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
It sounds like you have a strong case that holds the potential for significant value. Your attorney probably agrees and is doing all she can to expedite matters. However, you are still getting medical care so even if you wanted to settle the case it would not be a good idea at this point.
Whenever I see posts like this I always recommend you call your attorney and schedule a face to face meeting. It will allow you to voice any concerns you have and allow your attorney to respond. After all, if you don't tell your attorney your concerns how can you expect them to be addressed.
You have a good case.
I agree with the prior responses. You should meet with your attorney to discuss the case status. Cases tend to start slowly when the client is still treating with his/her medical providers. Once you are released from your physician, the cases typically move along much quicker. In many cases, like yours, a client has permanent injuries where they are not released by their physician. In that situation, a good attorney usually moves a little slower to get them the best prognosis opinion from their physician(s). You likely have a two-year statute of limitations to file suit and your orthopedic physician's opinions on permanency will get a little clearer over time.
I agree with the other attorneys that you should schedule a meeting with your attorney to discuss what she has done and her strategy going forward. Keep in mind that cases with serious injuries like your own, especially spinal injury cases, often take a long time to litigate. The insurance company will not just hand over $250k. Most of the time the insurance company's lawyers will contest back injury cases and claim that the injuries are preexisting.
There seems to be a resounding echo here: "Meet with your attorney face-to-face to best understand what is being done in your case and what is planned." From what you have said, for all any of us know, you may be firing the best personal injury attorney on the planet. Find out what is going on and, then, if you remain uneasy, you can meet with a well-recommended attorney to get a second opinion.
The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.
The worth of your case is dependent on multiple factors, like the strength of liability (seems strong from your description), the nature and extent of your injuries, the amount of your medical bills, whether you had any pre-existing condition that may be contributing to your current pain, and the amount of lost earnings. When you say it "seems like my attorney isn't doing much" it sounds like you don't have a firm understanding as to what your attorney is or is not doing. As many other contributors have said, your best initial course is to contact your attorney and ask for a full explanation as to the status of your case and what she is planning to do in the future. You might find that she is waiting until you receive further treatment. Best of luck.
I agree that you should consult with your current attorney. There is nothing in your question to suggest that she is doing anything wrong. Having said that you have a complicated case and if you have good reason to seek a second opinion you will need to contact another attorney and discuss you situation in detail in order to get an informed opinion. Good Luck
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