Legal Question in Personal Injury in California

my special needs daughter and myself was rear ended on the freeway 10/2009 I got an attorney and he received more money than i did on my claim as for my little girl who was in her wheel chair in our van she has received nothing the attorney sucks and he wont even talk to me direct he says the insurance co does not want to pay anything and he has done nothing on her case i was the one that obtained all the medical records for them and this is just sitting there what can i do is there a dead line to do this and can i just tell the attorney to release himself so i can pursue another? please help me, Mary S


Asked on 4/05/11, 4:07 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You need to ask the attorney if the daughter's case is settled or not. If settled, there is nothing you an do, except ask to see the file and have it reviewed by another atty.

You can always have another attorney substitute into the case and take over if the case is not settled, but the second atty will have to share the atty's fees with the first atty.

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Answered on 4/05/11, 4:12 pm
George Shers Law Offices of Georges H. Shers

If your daughter is still a minor, once the case settles the insurance company will ask for a court approval of a minor's compromise in which the court will limit the amount of the attorneys fee. Going to a new attorney should not increase the amount of fees; the attorneys are supposed to split the fees roughly based upon their percentage of work done on the matter. You can ask the new attorney to review your own file to see if the first attorney overcharged you on your own case.

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Answered on 4/06/11, 8:48 am


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