Legal Question in Personal Injury in Illinois
I don't feel my attorney his doing his job very well
I was injured on the job in January 2002. I soon after went to an attorney for leagal assistance. He took the case and we have still not came to a complete settlement. I do not believe that any settlement was even brought up until recently. I feel that this has gone on to long. I call his office on a regular basis, just looking for some type of insight into the situation. I rarely get to talk to any one other than the receptionist. his office never calls me to let me know anything and I may go weeks at a time until I receive any type of contact with him, and only because I call him. I want to let him go but I am not sure that it is possible because of the 20% he will receive when the final settlement is reached. Please tell me if there are any laws or regulations that require a lawyer to rove he is making an effort. i just don't see how this can be taking so long. It was not a major injury case either.
Thank You for your time.
2 Answers from Attorneys
Re: I don't feel my attorney his doing his job very well
Some cases take several years. Your attorney should be keeping you updated however. You do have that right to information. Many attorneys put that job off onto their assistants to save them time to work on the bigger issues. At any rate, it is sometimes not a good idea to change attorneys as it will bring further delay because a new attorney will have to familiarise himself with all of the issues again. Unless, of course, you can pinpoint that your attorney is doing a bad job.
Re: I don't feel my attorney his doing his job very well
That is not an unusually long time for the case to pend. In fact, you mentioned that the injuries weren't that serious. The less serious the injuries, the longer it takes to settle.
The insurance companies, who are the true defendants, make money by stalling. Let's say your case is worth $1000.00. If they stall for 2 years, they get the interest on the money they stalled on paying. If they pay right away, they do not get the interest, you get it.
Keep in mind the insurance companies have hundreds of cases, so that interest adds up. Add into the mix, that the injured person usually has very little experience in the law, and may become frustrated, as you seem to be, and may drop the case or change attorneys. That works into the stall tactic.
Thus it is in the interest of the insurance company to keep stalling.
My advice to you is send a letter to your attorney, and demand a status of your case by July 15th.
You will get a response, and it will likely say that the insurance company is stalling, and your attorney is trying to push the matter to hearing.
If you are not satisfied with the response, you can contact your local bar association for a referral to another attorney who would try to pick up where the last on left off.