Legal Question in Workers Comp in Illinois
can I fire my lawyer?
i am a truck driver and was injured in auto accident while on the job in which another truck struck my truck this was back in Sept. of 2002...I hired a lawyer shortly after this and he filed a claim with work comp...the lawyer talked to me about accepting a settlement offer from work comp for 2.5% of body of person as whole...we took it and the lawyer sent me a letter saying that we accepted it in May 2004...I have never received any compensation from that...My lawyer did tell me at that time that we should file a case against the person that hit me...I agreed and finally in December of 2004 the lawyer filed a complaint against the guy and now the lawyer wants to go after the insurance company instead of the guy because the insurance is saying that there was no coverage on that particular vehicle, but there was coverage on other vehicles. I am so tired of this stalling. It will be 3 years this September since the accident. please help with some advice. Any advice would be appreciated. Thank You.
2 Answers from Attorneys
Re: can I fire my lawyer?
1- The answer to the question you have put in the title is: YES. You can fire your lawyer at anytime for any reason. Read your contract, however, you may become liable to pay your lawyer for the cost of litigation incurred and perhaps even some compensation for his time and effort.
2- That you have not seen any money from the settlement of your WC claim is suspect. You must, in witting, demand an explanation as to how the money was distributed and why you have not received anything as of yet. Do not be angry or insulting. Simply ask your lawyer for a status and an accounting of the settlement. It is your right and his obligation to give it to you. If you do not understand whatever he gives you, ask questions. Make an appointment with him and ask the questions you have--again, do not get angry or belligerent, just simply and nicely ask for explanations. If you are still unsatisfied, get a second opinion and show whatever he has given you in witting to another lawyer to see whether they make sense.
3- If the person at fault did not have insurance, your lawyer has no choice but to make an uninsured motorist claim. If you have evidence that the party at fault did have insurance, show it to your lawyer and if you have already done so, ask him what other information he has found out that has lead him to believe that your information was incorrect. Often times, the other person may have a proof of insurance but then we find out that due to one reason or another (mainly non-payment of premiums) the insurance was canceled sometimes days before the accident occurs. When that happens, the insurance company will refuse to pay.
I hope this helps.
If you have additional questions or need clarifications, call my office.
Nima Taradji
Re: can I fire my lawyer?
Please call me on this at (312) 913-1900.