AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question I fired my lawyer i had on wed., i would send him letters telling him about the bind im in and asking him for help about finding a advance funding company. He didnt respond for week like he didnt care. So i found one & applied. They contact him but he just didnt respond. He kept telling me he left a message this& that and it was all lie. I know these companies are not good but i have no choice. Finally he called they ask him some questions he answered them in a way that i wouldnt get the funding. He may not like them, i need it. If my case wasnt good why would he take it. Its a premise liability. I fall over a porch support pipe. It those pipe/rid thats in the concrete slab at the entry of the porch. usually one on each side but you never see it, its encased by a post/part of the porch. well the porch was old& falling apart& the landlord just took the broken piece& left that support pipe out in the open. I fired him by letter, he keeps calling me, he still want it. I want the case. All I want is my file.
Answer Hi Dillon,
You DO have the right to pick up your ENTIRE FILE, but here are the side topics you will want to know about. First, you likely do owe the attorney for any costs that he has incurred, such as copying charges for medical records, photos, and the like. Second, according to your contract, you likely owe some attorney fees, but those can be negotiated with the new attorney you will get.
DO NOT panic and sign any agreement to pay anything to that attorney UNTIL your new attorney approves it. For example, this first attorney may present you a bill for $300 in costs and $4,000 in attorney fees, with the agreement he will give you the file now and you will pay once the claim settles. DO NOT EVER sign or even agree to such a thing.
He MUST give you the file if you need it now to prosecute your claim. His failure to make contacts as instructed should be documented if he is made to include all of his phone messages and notes. Be sure to ask for those, or make sure your new attorney asks for them.
Can this first attorney hold on to your file until you pay him the costs? Can he exercise a possessory lien on your file until you pay him? ABSOLUTELY NO. Tell him that you NEED the file to make arrangements for the settlement ASAP. Your new attorney will arrange for you to pay a lien on the file if you owe any costs or fees earned.
Here are two choices for you.
First, you could call your state bar association http://www.settlementcentral.com/links.php and learn about your rights and then write to the attorney and make him give you the file. I do not like this too much since he may try to keep part of his work product since you are not now paying for his time in the file, and you have not made arrangements to pay him upon settlement.
Second, you could see another attorney and ask if she will take on your case. This affords you the easiest way and the better way of proceeding. She will give you an assessment of your chances to succeed. AND she will arrange to obtain the ENTIRE file, including any work product from the first attorney.
You will not pay two fees: the two attorneys will share one fee. Problem is: what if your new attorney is not willing to take on the case for the standard one-third? I say that because your story has too many flags in it that tell any new attorney to beware.
The reason to go over those warning signals a new attorney is going to receiver from your story is to let you know why she may demand a 40% contingency fee. There are three signals that I get from your story.
#1. Let's start with the liability itself. It is the duty of the land owner or occupier to inspect the property and to remove any dangers. I cannot picture in my mind what you tripped on, but is it a danger? And if so, why didn't you see it?
There is no automatic liability against a business or land owner; one has to show negligence on their part. It does sound like this is something that would have been easy to fix, and that could be a real hazard. Thus, it sounds like they could be negligent, but you cannot take that for granted: you still must prove it.
Premises Liability (Slip Or Trip And Fall Accidents) http://www.settlementcentral.com/page3006.htm excellent review of premises liability or slip and fall accident confusion as to liability. There are three good examples on that page to show you the difference between liable property owners and those whom one cannot sue.
The building owner or occupier IS NOT AN INSURER OF YOUR SAFETY. You can recover ONLY if you can show that the owner or occupier was negligent, and even then, your award will be reduced TO THE EXTENT OF YOUR OWN NEGLIGENCE IN FAILING TO WATCH WHERE YOU WERE WALKING. The property owner will raise this defense in an effort to reduce your award.
#2. Your own negligence. Now, let’s look at your own liability. It will not defeat your claim, but your negligence can be used to reduce the amount of your award. So here is your lesson: assume that they will claim that you are at least one-third at fault, and be prepared to defend on the basis set forth above.
DO NOT BE DISCOURAGED about that defense above, but just be aware that it will be raised if your claim has any value. Without telling anyone about your visit, you could still go yourself (or hire someone to go) into the premises and take some photos. Show the eyelevel distractions of what would have caught your eye as you walked there. In other words, Dillon, maybe you had to navigate the stairs or some part and look ahead and hence you could not look down at where you were walking.
#3. Your emergency need for money. This is always a red flag for trial attorneys. Once a client shows an emergency need for money, we ask why. Maybe the client missed work because of the accident? But if the client did not miss a lot of work, why is she looking to this case to save her financially? That shows poor planning and maybe a client who is impetuous.
We are not like a fast food drive-in business. Working a personal injury claim takes a lot of time, and sometimes cases just have to wait their turn whilst the attorney is involved with an important trial or other work. The last thing we want is somebody hounding us for money because she could not manage her own finances and is looking to her case for salvation.
That does not paint a pretty picture and once the adjuster gets wind of the client's precarious financial situation, his offers will reflect the knowledge that the client is going to have to take something—ANYTHING—just to get some money.
Hence, many trial attorneys will avoid someone in your position. We do not want to put in a lot of work and plan to take a case to trial if need be, only to be undermined because the client decides to grasp at anything that is offered. And I mention this just to let you know so that you can be better informed when you seek a new attorney.
Just be prepared to show why there is an emergency need for cash, AND try to give this new attorney assurance that you will let her take the case as far as she wants to with no constant harassment from you to get the settlement in hand. THAT is going to be one worry that you will be well-informed to know about in advance of your first meeting with your new attorney.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
