Accident, Injury & Settlement Tips – I Want To Fire My Attorney!

A previous article in this series explored what your attorney should be doing for you in a personal injury (PI) case. This article addresses how to deal with an attorney who’s not doing what he’s supposed to do.

It’s always amazed me how some PI attorneys sit on a case. Think about it. PI attorneys are usually paid on a contingent fee – meaning, they get a percentage of whatever they can get for you. Why then would your attorney let your case sit idle? To be sure, the attorney’s overhead expenses aren’t sitting idle.

The answer falls neatly into two categories – either your attorney is too busy, or he’s too lazy. While the former is certainly better than the latter, neither is good for you.

Here’s the steps you should take if you suspect your attorney is too busy or too lazy:

1. Speak to or meet with a top PI attorney in your area to find out what a real attorney would be doing on your case.

These consultations are almost always free.

How do you find the top attorney in your area? Not on TV and not in the Yellow Pages. If you like, you may call me or email me and I’d be glad to help you. The best way to email me is to get your claim value by filling out the 10 questions in the Claim Calculator link below. That will give me both your email address and specific information about your case (amount of property damage, medical bills, wage loss, etc.) I’m able to find, through trial lawyer association list-serves and other means, the top attorneys in every area of the United States. I communicate directly with the attorney about your case particulars, and if he’s willing to meet with you, I connect you with the attorney so you can schedule a time to meet or speak about your case.

How do you know an attorney is one of the best in your area? Simple – he posts his million dollar results right on his website. Attorneys that I help people find are the best – their results speak for themselves. An attorney that doesn’t post their results on their website is not proud of their results. You can rest assured an attorney that has repeatedly recovered over a million dollars for individual clients knows how to successfully handle your file. Successful attorneys also have reputations that insurance companies are aware of. That reputation can make a big difference when the insurance company is deciding whether to settle for a reasonable amount or jerk around your lazy attorney until he persuades you to take a low-ball settlement.

2. Fire him or make him quit?

What happens if you hire him? It varies state by state, so check with the new attorney you meet with. Typically, attorneys are entitled to be compensated for the work they’ve done on the case up till the time you fire him. Usually, this is determined by the number of hours he worked multiplied by a reasonable hourly rate (based on his experience). He must release the file to you (it belongs to you). He may keep a copy of the file, but usually the ethical rules require the copying be done at his expense. The attorney can place a “lien” for the time he spent on your case – which is only paid if and when you get a recovery with your new attorney.

Important: If your new attorney really wants your case (and you ask for it), the new attorney will often pay the old attorney lien out of the new attorney’s 1/3 fee. In other words, switching attorneys won’t cost you anything extra. In fact, for the same 1/3 attorney fee you were always going to pay, you now have a much better attorney who will get you even more compensation for your injuries.

What happens if he quits? If your attorney quits, he can’t claim an attorney lien for the work he has done. If your attorney quits, you don’t have to worry whether your new attorney will agree to absorb the attorney lien within his contingent fee. And the new attorney doesn’t have to worry about fighting the old attorney on an unreasonable attorney lien.

A lazy attorney will usually grow tired of a client who persistently calls the attorney demanding proof the case is moving forward. Frequent calls to the attorney usually do the trick, although it never hurts to “pop by” the attorney’s office and ask to meet with the attorney, or if he’s not available, his paralegal. If no one’s available by phone or in person, insist on a day / time to meet in person. Tell them you’d like to review the entire file. When you do meet (or speak by phone), find out when the attorney intends to file suit. Filing suit forces the insurance company to hire an attorney (i.e. pay money). It also triggers deadlines the insurance company must meet. Without deadlines, the insurance company is happy to keep your money in the stock market – which is really how insurance companies have historically built wealth. That’s why insurance adjusters are trained to delay the claim as long as possible. By repeatedly demanding that your attorney file suit, or withdraw from the case so you can hire an attorney that will, you may be able to get rid of that lazy attorney.

Feel free to contact me (through the free Claim Calculator below) if you have any questions.

Things to Know About Employment Litigation and Class Action Lawyer

It’s not easy for a complainant to file a lawsuit up against a company or any large business entity. In some instances, such filing could be a not worth an effort and legal resources. Obtaining assistance from a class action attorney can be the best possible choice when you end up in a circumstance like this. This kind of legal professional will get other complainant’s cases and set them jointly in a lawsuit. That way, you’ll have a lot more chances to be successful in your legal action. Keep reading to know more regarding how a class action lawyer can help you.

Class Action Cases

A class action or a class lawsuit is filed on behalf of a people who encountered injury or damage because of the actions or neglect of a corporation. In a much easier sense, it is just like bringing to the court related cases as one. Some causes of filing a class action include concerns on client services, safety measures, and work matters. Other common factors include complications brought by items such as medicines and automobiles.

State and federal court systems manage class suits. This is exactly why the case ought to fit certain requirements the legal court set in place. Your class action lawyer ought to be informed about these matters so he is able to bring your case to the court with success.

Numbers is among the most critical elements, as to be considered a class action; there has to be a good number of complainants. Normally, a class action ought to involve not less than 20 complainants.

Moreover, the complainants should have identical case. This is where commonality comes into the picture. As the complaints may vary in specific elements, it needs to involve exactly the same general questioning of law or concept. This makes it faster and easier to handle all the statements simultaneously.

Filing a class suit needs to have a couple of representatives which will work as the head plaintiffs. These are also known as lead complainants. The rest of the complainants ought to recognize that the lead plaintiffs will represent for all of their cases. The representatives will react on behalf of the class participants and the suit is going to be submitted under their names.

Employment Litigation Cases

Sometimes, service from an employment litigation attorney could be the more sensible choice. This is when a complainant is filing a case as a consequence of work related conflicts. Examples are post termination commissions, large wage claims, and other associated matters. Otherwise known as trial lawyers, employment litigation legal professionals will speak for the complainant in all phases of the court action.

Litigation lawyers will perform a number of works before filing the case. As with other cases, collecting of evidence is among the first steps. The process will also involve legal research, client counseling, and attempt for settlement deal.

Your employment litigation attorney will speak for you in actual courtroom procedures. That will include all the motions to the actual trial. All these things demand enough expertise on the rules of evidence and trial advocacy.

Knowing this, you must find the proper employment litigation or class action attorney. California has several legal firms focusing on this particular area of law. Merely typing in “consumer class action” will allow you to find a lot of competent lawyers and law firms.

Personal Injury Lawyers – How They Can Help You

When you’ve been involved in an auto accident, or have been injured in some way, you may frequently be struck with a feeling of isolation. You do not understand who to ask for support, and this may leave you feeling very helpless. To make things worse, your automobile may well be a complete loss, you may well not be able to work, and you most likely have medical charges piling up. No vehicle, absence from your job and no funds coming in will rapidly cause even the most sane human being feel like they’re going crazy.

If you discover yourself in this sort of situation, you must call a personal injury lawyer. Your attorney is able to be present for you when nobody else will, and he will battle to get you every dime you deserve to help pay for medical bills, vehicle repairs and any added charges you may well have incurred on account of your injuries.

It’s a fine idea to have a personal injury attorney’s info handy in case you ever require it. Needless to say no one thinks about that until they have in point of fact been harmed. However regardless of whether or not you have a attorney’s number on speed dial, you should at all times think to contact an attorney as soon as you are harmed. If you wait, you may lose the chance to discover information that will help you win your suit. When you contact the attorney, advise him or her you have just been injured and you require some assistance. The lawyer will be able to lead you through every stage.

Nearly all personal injury attorneys also know medical personnel they will refer you to so that you will get a full medical exam. Should you have broken bones, these will have to be x-rayed. You need a full checkup from a doctor since you might not be aware of the extent of your accidental injuries for a while after the crash. This is because of the adrenaline pumping throughout your body that hides all the soreness you would ordinarily be aware of. Your lawyer’s physician will evaluate your accidental injuries and will then be able to submit a statement that will be utilized as evidence in your case. At times, should the case goes to trial, the doctor may be called to the witness stand.

Frequently, a lawyer will refer you to a chiropractor every week or more often to be sure you’re being taken care of. This is while he or she compiles and pores over the evidence so they can assemble a rock solid suit. Should the lawsuit be solid enough, the case might never see a court room. That is because insurance companies frequently like to settle; particularly should they feel as though they don’t stand a chance of winning against you and your lawyer.

Employing a personal injury attorney isn’t a thing you to do to become wealthy, although you will potentially secure a lot of money in a settlement, depending on the injuries you suffered through. However, the money you obtain may be utilized to pay off all that debt that is been piling up since your collision.