Legal Question in Workers Comp in California

allowed time frame to settle

My x-husband had an accident on a job site back in 2001. He was struck on his neck with a 4x8. He was on the 9th floor and the 4x8 fell from the 20th floor. The outcome from this left him with a bone close to his neck fractured and he has a loss of memory and becomes dizzy. Anyway my reason for writing is due to the lack of performance by his attorney. This case has been going on for 2 years and with no end in site. I cant imagine that it would take this long to settle a case with all of the proof that he has as well as the doctors letters stating that he has suffered damages that will affect him the rest of his life. I have told him to fire this attorney, but since he is so far into this he feels that it would be hard to find someone to take on this case at this point. He wants to move forward with the civil suit but cannot until this case settles. Does he have any recourses? Is there anyone than can help us with this?

I appreciate any help you can give me, I feel that this attorney is useless and is no benifit to him


Asked on 8/03/03, 1:40 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: allowed time frame to settle

Give me a call tomorrow at 818-47-6246 (cell) and I or someone from my workers compensation department will talk to you. You mentioned civil suit. If someone other than your husbands employer caused the accident your husband could have filed a 3rd party negligence or premises liability claim against the person responsible. Unfortunatly, there was a one year statute of limitations in effect in 2001 for that claim. In other words, you may have lost the seperate civil claim by not filing it within 1 year of the accident. I have many workers compensation 3rd party civil cases right now where both cases are in process seperatly. Whoever told you that you had to wait until the workers comp case was over to file a civil suit was in error.

Give me a call.

Norm

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Answered on 8/05/03, 1:10 am


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