Legal Question in Workers Comp in Missouri
Hand injury
It will be 2 years on 3/23/07 since my Workers Comp injury.My atttorney, Michael Smallwood is representing me, but I feel that he is not being agressive enough to resolve my case.I am no longer undergoing any medical treatment,even though the attorney's Dr. agrees that I need more. He gave me an evaluation 4 months ago.The results were forwarded to insurance co. almost two months ago. My attorney claims the insurance co.'s attorney needs to review it with her superiors and will get back to him.I'd like to know how long should I expect to wait until I get some type of settlement offer or should I find another attorney who is more aggressive. Also, should I get some type of mandatory hearing after each anniversary date of the injury?
2 Answers from Attorneys
Re: Hand injury
Work comp cases do not all go the same. I had some that were resolved in a year, where there was anticipated treatment in the future. Recently I finalized one where the injury occurred seven years agoe, and treatment ended three years ago.
It is impossible from the facts you describe, to tell if your attorney is being diligent. But, the time frame you describe is not out of the ordinary. The issue seems to be your continued treatment. The most important part of your claim is your health. The rest is just money. If your attorney says that they are waiting on the insurer. Ask him how he might help you get the treatment the doctor says you need.
Good Luck
Re: Hand injury
I agree with the answer posted by Anthony Smith. However, I would also say that you have every right to discharge your attorney if you are not satisfied with his services. In this case your attorney probably has a contingency fee contract with you, and if you do choose to discharge him to hire a more agressive attorney your current attorney will be entitled to some compensation for the time and effort he has put into your case, even if he is not there at the end when your settlement is actually collected. If you decide to change attorneys, you should send him a letter telling him of that fact and he will need to withdraw as your attorney in the pending matter. He will need to turn over your complete file to you. At that point, I would be able to refer you to an expert attorney in the field of worker's compensation. However, in all fairness to your current attorney, I would suggest that you advise him of your concerns and give him an opportunity to finish up the case. Good luck!