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pcr349 · Jun 18, 2009, 08:08 AM

I have a pending personal injury case. We have received a offer from the at fault party for a settlement amount. My problem is the paralegal that was working on my case is no longer with the firm and my case is just sitting there. Can I fire my attorney and if I do, do I have the right to take my file with me (this contains all of my medial records from my accident)

Justwantfair · Jun 18, 2009, 08:12 AM

What is your fee agreement with your personal injury attorney?

Is the case based on a contingency agreement?

pcr349 · Jun 18, 2009, 08:17 AM

I am assuming 30% I do not remember signing any contract.

excon · Jun 18, 2009, 08:18 AM

Originally Posted by pcr349

Can I fire my attorney and do I have the right to take my file with me (this contains all of my medial records from my accident

Hello pcr:

Of course, you can fire him. But, you're going to owe him for all the work he's already done. That work is the file, and he's not going to let you take that. Of course, you CAN get your records again from the doctors.

Like Justy, I'll bet your agreement is contingent on winning. But, if you don't let him win, you're going to pay him hourly. That could be a substantial sum - which, of course, will have gone for nothing.

excon

Justwantfair · Jun 18, 2009, 08:22 AM

And the fact that you have received an offer, you may not be able to cut the attorney out of the arrangement.

If your settlement amount is more then the attorney's fees that have been accumulated, that same attorney can hold you to the 1/3 of settlement agreement. Because you are in fact settling your case.

pcr349 · Jun 18, 2009, 08:26 AM

So does anybody have any suggestions on how I can get this settled.

nikosmom · Jun 18, 2009, 08:28 AM

You can agree to the settlement offer.

pcr349 · Jun 18, 2009, 08:32 AM

I have agreed to the offer that's the problem, the are not doing anything about it. There is one lien left and they do not seem to want to address this aggressively

excon · Jun 18, 2009, 08:32 AM

Hello again, pc:

The wheels of justice move slowly. Your attorney wants his money just as badly as you do. How do you know that it's just sitting there?? My sense is you have no idea where you are along the spectrum.

Look. I know that lawyers are not good at returning phone calls. I'll bet this is nothing more than a communication problem. Call him again, and leave a stronger message. If he doesn't respond to THAT, go down to his office and sit there till he sees you.

Like any production facility, the squeaky wheel gets the grease. Go be squeaky WITHOUT being offensive. Once an offer has been made and accepted, it's just a matter of final paperwork.

excon

Justwantfair · Jun 18, 2009, 08:35 AM

You need to contact your attorney directly and talk to them about the settlement offer.

nikosmom · Jun 18, 2009, 08:35 AM

Especially knowing that you've accepted the offer, it'd be unwise to dump your attorney this late in the game. And you'd more than likely still owe him 1/3 since he's done all the work.

Call the office and find out the status of your case.

pcr349 · Jun 19, 2009, 07:02 AM

I have made several calls... I guess my next step is to make a appt and not leave until I get my answers. I am going to tell them to settle it or if there are any outstanding leins set a court date and lets get this settled.

Justwantfair · Jun 19, 2009, 07:04 AM

Originally Posted by pcr349

I have made several calls...I guess my next step is to make a appt and not leave until I get my answers. I am going to tell them to settle it or if there are any outstanding leins set a court date and lets get this settled.

Good call.

Is the problem that your attorney thinks your case could win more?
Maybe you will find out there is a reason for the standoff?

Either way, it is poor business sense for the attorney to ignore you. Your attorney isn't the first though, unfortunately.

Good luck with the standoff.

JudyKayTee · Jun 19, 2009, 12:47 PM

Originally Posted by pcr349

I have made several calls...I guess my next step is to make a appt and not leave until I get my answers. I am going to tell them to settle it or if there are any outstanding leins set a court date and lets get this settled.

I would write a letter, send it to the Attorney registered. Tell the law firm that you need to know why the offer (which is acceptable to you) is not acceptable to the law firm.

That firm works for you. You are in the driver's seat.

And, yes, you owe the firm 33-1/3% of the settlement UNLESS the retainer agreement makes some other arrangement for settlement, particularly a settlement without their knowledge and/or advice.

You need to know what the liens against the case are, what the expenses to date are, what the problem is.

I wouldn't call and I wouldn't go in and sit there - I would write and ask the question, give a time frame if you have to. Say you're concerned, you don't want to "have" to get a second opinion, what's the story?

As a side note and I would say that "Nikosmom" knows - I have NEVER seen a pi (personal injury) case which is NOT contingent. In my area the percentages ranges from 30% to 45% (if trial is necessary), plus costs and expenses. (I know, I personally am one of those costs and expenses.) I can only guess that you DID sign a contingency agreement.

I don't know where you are and possibly I missed that part of this discussion. In NY and I believe several other States an Attorney is prohibited from taking a PI case which is NOT contingent.

twinkiedooter · Jun 19, 2009, 04:54 PM

YOu were mentioning liens on your PI case. The present law office may be tying to negotiate a better payoff to the lien holder for the medical bills owed by you. This could be the hold up. Lots of times the law office can successfully negotiate lower payoffs for medical bills depending on how bad the medical provider wants to get paid. This could be the log jam. You'll find out when you send them a letter like JudyKT above stated to do. Has the law office approached you on the particular medical provider who is the log jam?

Fr_Chuck · Jun 19, 2009, 05:50 PM

Yes please remember, if for example you were in the hospital and your medical insurance paid for it, when you get paid a settlement it will include paying back hospital insurance for example.

But you can merely tell the other side you accept it, and your attorney has no choice but to agree. *** They can't disagree if you agree, and they have to accept the offer if you order them to.

But be sure you are going to have money left after everyone was paid, I have seen settlements of 200,000 and more, after everyone was paid, the person actually still owed some medical bills that was not covered

But I have seen personal injury and/or workers comp cases take 8, 9 or more years to actually reach good settlements. Normally at first their offers are much lower than they will end up with latter.

pcr349 · Jun 21, 2009, 06:27 AM

I know the policy limits have been offered, 100,000. I have bills over 100,000. My attorney has contacted my insurance (blue cross blue shield) three different times about subrogation and no one has called them back. My attorney also tells me that 40 percent of this can be used to pay back medical bills. They also tell me it is what is paid not incurred. For example if I have a hospital bill for 80,000 and my insurance paid 25,000 the 25 would have be paid back. Does this make any since. I am going to write a letter tomorrow and fax it to them telling them to take the offer, and to do what ever has to been done to set the wheels in motion. I do not remember signing any contract. Just medial releases.

pcr349 · Jun 21, 2009, 06:29 AM

Yes, a third party billed called CLAIMS ASSIST. They are the hold up. Will not sign off lien even though the hospital bill has been paid.

Originally Posted by twinkiedooter

YOu were mentioning liens on your PI case. The present law office may be tying to negotiate a better payoff to the lien holder for the medical bills owed by you. This could be the hold up. Lots of times the law office can successfully negotiate lower payoffs for medical bills depending on how bad the medical provider wants to get paid. This could be the log jam. You'll find out when you send them a letter like JudyKT above stated to do. Has the law office approached you on the particular medical provider who is the log jam?