Up Arbitration Creek Without an Attorney Who Cares
Back Injury,Catastrophic Injury,FAQ,Personal Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
I’m trying to figure out why I am scheduled to go up before an arbitrator on Aug 1, 2002 and my so-called attorney has not even tried to retrieve depostions from my doctors? Is this even possible?
I was injured on the job about 2 1/2 years ago and I am still fighting to get something done, either a decent settlement or at least to get surgery done on my back. I need a fusion done which the insurance company has refused to pay for.
I have an attorney that never returns my calls and when he does he is, pardon my French, a complete smart ass and cusses like a sailor. I’m convinced that my attorney is screwing me.
He wants me to settle for $12,000. I have a doctor that is willing to give a depostion and back me up. I need a new attorney, but how do i do this, or better yet can I do this?
–Clifford, Grayville IL
I was injured on the job about 2 1/2 years ago and I am still fighting to get something done, either a decent settlement or at least to get surgery done on my back. I need a fusion done which the insurance company has refused to pay for.
I have an attorney that never returns my calls and when he does he is, pardon my French, a complete smart ass and cusses like a sailor. I’m convinced that my attorney is screwing me.
He wants me to settle for $12,000. I have a doctor that is willing to give a depostion and back me up. I need a new attorney, but how do i do this, or better yet can I do this?
–Clifford, Grayville IL
Answer:
I can see you are deeply frustrated in your current situation. Your situation is not that uncommon. You do not seem to have trust or confidence in your attorney and he does not care about your case. I sometimes wonder why an attorney practices in an area of law wherein he is supposed to help the injured, and yet doesn’t seem to care.
Perhaps these types of attorneys are in it just for the money. I do not know your current attorney and cannot comment on it. However, ignoring the victim to an injury is an affront and damages the profession and injures the reputation of attorneys. More importantly, it offends and discourages the most important person – you.
Clifford, in the state of Illinois, you have a right to discharge an attorney if you have lost trust and confidence in your attorney. My opinion is that you should seek a second opinion, like you would with a doctor. Gather your medical records together, by getting a copy from the attorney. You can tell him you just want to read through them. Take the records to a couple of other WC lawyers to obtain their opinions.
Another option is to set up an appointment with your attorney and meet with him and be open and honest with him. Finally, get an attorney who is willing to try cases. The biggest weakness I see in our profession involves attorneys who are unwilling to try cases or invest the time and energy that is required to try a case properly.
Perhaps these types of attorneys are in it just for the money. I do not know your current attorney and cannot comment on it. However, ignoring the victim to an injury is an affront and damages the profession and injures the reputation of attorneys. More importantly, it offends and discourages the most important person – you.
Clifford, in the state of Illinois, you have a right to discharge an attorney if you have lost trust and confidence in your attorney. My opinion is that you should seek a second opinion, like you would with a doctor. Gather your medical records together, by getting a copy from the attorney. You can tell him you just want to read through them. Take the records to a couple of other WC lawyers to obtain their opinions.
Another option is to set up an appointment with your attorney and meet with him and be open and honest with him. Finally, get an attorney who is willing to try cases. The biggest weakness I see in our profession involves attorneys who are unwilling to try cases or invest the time and energy that is required to try a case properly.
