Legal Question in Personal Injury in California

Re: What is my recourse if my attorney cannot get the other parties attorney to

I don't see why you are blaming the situation on your attorney; if the other side won't answer a settlement proposal than there is nothing he can do about it. Firing him over this issue would be shooting the proverbial messenger.

If the other side won't negotiate you should just take them to court. Your only other alternative is to give up. There is no way to force them to accept -- or even respond to -- your settlement proposal if they don't want to.

Re: What is my recourse if my attorney cannot get the other parties attorney to

Yes. You can always change attorneys. You can also contact the other party directly. Your attorney can't, but you can. You should make sure that the other party's attorney is communicating the offer to your client. He has a legal obligation to do so, but that attorney may be sitting on his heels. Your attorney can't help that but if you contact the other party directly perhaps you can work out a settlement between yourselves.

Re: What is my recourse if my attorney cannot get the other parties attorney to

Why blame your attorney for the other not wanting to talk? However, yes, you can get a new attorney, subject to claims on your recovery and fees your current one would have if a contingency, or paying his bill if owed.

Re: What is my recourse if my attorney cannot get the other parties attorney to

Your attorney cannot force the other side to respond to a settlement offer. What he can do is proceed with litigation and bring the case to trial.

If you are not happy with your attorney, you can change at any time.