Legal Question in Personal Injury in Florida
lawyer dissatisfaction/incompentency
I hired a Florida lawyer for a personal injury case. I'm from Wisconsin, but the accident happened in Florida. The lawyer wants me to settle for $40,000, and my medical bills are $30,000-the tibula was broken and I had another surgery becasue of the trumma as well. The driver of a car hit me in a crosswalk - I didn't call the police right away, but the driver took me back to the resort and gave me her insurance information. She originally denied hitting me, but then said she did. My lawyer wants me to settle, but has not included any of the other items that should be included in the settlement. He doesn't call me back when I send him questions. He doesn't want to file the case with the courts. It's been almost 3 years since the accident. I'm getting worried that this won't get settled for what the case is worth. I know I have an option to fire him, but then I still have to pay him. I own't get anything out of the case. My knee has permanet injuries - I went to the doctor about my knee prior to the accident (1 inccident) How do I go about firing him, and not having to pay him?
2 Answers from Attorneys
Re: lawyer dissatisfaction/incompentency
I do not know how, under Florida law, you go about firing an attorney and not having to pay him. In Wisconsin, you need good cause for doing this. Try checking with the Florida Bar Association.
Re: lawyer dissatisfaction/incompentency
You fail to indicate where in Florida this occurred and where the action is pending. When an attorney is discharged in a negligence action where the fee is a contingency, you only pay 1 fee. The incoming attorney and outgoing attorney can try to work out an agreement or the court will determine the fee to each. Good luck.
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