Can I Switch Attorneys in the Middle Of a Personal Injury Case?

by admin on July 29, 2010

So I was in a car accident in 4/08 while I was 8 months pregnant. T-boned by a lady who admitted on the scene that it was her fault. She wasnt arrested but admitted to driving while taking a prescription drug that impairs her. Well my mother in law got her attorney involved and he doesnt seem to know what hes doing.

Its over a year later and we have had to to EVERYTHING ourselves; get all the doctors records and bills and everything! Running around and bringing them all of this stuff. They drafted a letter or two the insurance company and the first one had a typo causing weeks of delay. My husband and I separated our claims because I had more injuries..so they offered him something really crappy and the lawyer didnt even suggest we go to court or anything.

On my end, I have a herniated disk and some other pain. I finally have a diagnosis and dont want to have surgery (no way) so I asked the attorney if there was a way to work in the cost of alternative therapies into the settlement. And he says, I HAVE NEVER HEARD OF THAT. They are now only open 3 days a week and if you call after 3pm no one is there. So its slow progress and I dont feel confident.

So do we have any recourse. Or are we stuck with them? As of this point, really, they are getting 30% for sitting there and making a few calls when we have done all the work. Any advice would be great..
Thanks..
well, we arent at the court stage yet. still in the negotiations with the insurance co for my husbands part of the case. after 18 months the settlement would ONLY pay the bills plus his 30% nothing for us. it is not going well. i would like a new attorney BEFORE we try to go to court. can we do that? will he sue US if we fire him?
they guy has never even sent us a statement! this is awful..

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{ 2 comments… read them below or add one }

firewomen July 29, 2010 at 7:23 pm

You can but you would have to get the approval of the judge hearing the case.*

Dave July 29, 2010 at 7:23 pm

It is important for you to realize that most attorneys will not agree to represent you until you have ended your attorney/client relationship with your first attorney and have your file available for review by your new attorney.

Only by reviewing your file can your new attorney evaluate the work which has been done on your behalf and determine how much more work remains to be done. In most cases, your new attorney will be able to evaluate the quality of the work which has already been performed on your behalf.

Your new attorney will also probably want to know what problems existed between you and your first attorney so that the same problems do not occur again in your new attorney/client relationship.

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