Legal Question in Civil Litigation in California

Re: Whiplash Injury

Injuries from what is called a low-impact accident are real, but because there are no broken bones or visible signs of injury, awards usually are notoriously low. If a person "overtreats" with a health care provider, any settlement can be exhausted by medical liens very quickly and the injured party often gets very little.

If you were to bring your case to another attorney, the other attorney will first look to see if your first attorney has a lien for his/her work on the case and, of course, the value of the case, and weigh that and the cost of the expert and trial in deciding whether to accept the case. Good luck to you!

Re: Whiplash Injury

The lawyer who takes a case on a contingency basis, determines it is not worth his time, and then drops the case is not entitled to a lien. "May an attorney accept a personal injury case on a contingent fee basis, determine that it is not worth his time to pursue the matter, instruct his client to look elsewhere for legal assistance, but hedge his bet by claiming a part of the recovery if a settlement is made or a judgment obtained through the efforts of a subsequent attorney? We answer this question with a resounding 'No.'" (Hensel v. Cohen (2nd Dist. 1984) 155 Cal.App.3d 563.)

If you have a clear cut case of liability, then it sounds like the issue is what are your damages? If you are seeking other doctors, you may have a more significant problem than whiplash. If you have a more significant problem, you may have more significant damages. The attorney may be dropping your case because his chiropractor, whom I would speculate he referred you to, is the only treating physician who would be willing to reduce his lien after settlement.

I have seen this kind of thing many times. Get yourself to a real physician and get yourself a real attorney.

Re: Whiplash Injury

An attorney can drop your case as long as it does not prejudice you. In this case, unless the statute of limitations is about to run, then you are probably not prejudiced.

You should talk to a new attorney. There are some attorneys who are not willing to take on these MIST cases. (Minimum Impact, Soft Tissue) Insurance companies take a hard line on these cases. You need to learn all you can about these cases, your injury and do what is best for you to recover. An attorney should be willing to work with you and make sure you get better.

You can learn more about these cases at my blog, www.calpiblog.com.