Legal Question in Personal Injury in Illinois
Firing an Attorney
I work construction and I was struck by a vehicle on the job. I broke my knee cap and hand. I have 2 cases filed. The driver appears to not have insurance and I have uninsured motorists. There is a work comp file and civil case against the other driver. My lawyer doesn't think that it is worth it to go after the driver because he doesn't appear to have insurance. He is going after my insurance. The other driver has been served and no responce. I haven't been released from the doctor. My lawyer wants to wait to settle my civil case until my work comp is settled. My accident happenened on 07/06 and he still hasn't got ahold of my witness. It makes me wonder if my lawyer is doing enough. I am pretty messed up, I have pins in my knee cap, I can't do much with my leg and I broke my hand. The kid was driving through a toll plaza construction zone and the speed limit was 15 mph. I just don't feel my lawyer is doing enough. It doesn't seem he is doing enough. What should he be doing? Is he doing enough? What am entitled? Should I be going after the kid and my insurance company? If I wanted to fire him what will happen? Will he be entitled to any of my settlement if I fire him? How do I fire him?
2 Answers from Attorneys
Re: Firing an Attorney
I am licensed in Illinois and Indiana. You have posed too many questions for this kind of forum. You should make an appointment with your attorney and ask him for his case plan. If you fire him he will be entitled to some form of compensation.
Re: Firing an Attorney
I think a lot of your problems/questions stem from a lack of communication with your lawyer.
With a lack of communication - comes a breakdown in faith and trust.
I would suggest that you call your attorney and ask for an appointment. He should be able to see you just as easily as when he "signed you up" as a client.
I would suggest that you relay your concerns and listen to his explanation.
If you still feel that you do not have faith in your attorney, it is time to send by certified mail (or hand delivery) a letter to your lawyer firing him and demanding a copy of your file within 7 days.
He may require you to pay for his actual out-of-pocket expenses but there are no "liens" in workers' compensation, so he must turn over his file to you.
Then call three or four attorneys who specialize in workers' comp auto accidents and meet with each one.
After meeting ALL of the lawyers decide which one is the best fit and then hire a new attorney.
There will be no additional costs to you to have two attorneys as you will only be paying "one" fee which will be divided between the lawyers.
Good luck,
Matt Belcher
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