Legal Question in Personal Injury in New Jersey
Hi, I was in a car accident 12/08/2011. It's already 01/11/2013. I hired an attorney 01/2012, but I feel like I'm getting the run-around from him. My physical therapy ended 6 months ago but he hasn't sent for my medical records yet. This case should have already moved forward and settled by now. He never returns my phone calls. I rarely speak to him. The handful of times that I do speak to him, he acts like he didn't know my physical therapy ended. I remind him how long it's been, then he tells me that he sent for my records but hasn't received them yet. However, when I call the physical therapy clinic, I'm told that the lawyer has never requested them and that they can only send them to him if and when he requests them. When I do tell my lawyer that, he tells me that he did and that they're the physical therapy place is yanking out chain. In the meanwhile, the last time I spoke to him was before Thanksgiving 2012. I email him constantly and never returns my emails. I call him and leave messages and he never returns my calls. I don't know what to do. I'm beginning to wonder if I'm being scammed. He's supposed to get 17% of my settlement, but what settlement if he's not doing his job? This car accident has left me physically disabled because I suffered spinal injuries, and it has also left me in a boatload of medical debt. I don't know what to do. Can you help me with advise on how I should proceed with this matter? I hope you can help me. I have no job, no disability, no money and barely making ends meet. Please help. Thank you.
1 Answer from Attorneys
Make an appointment, ask to see your file, and copy of all correspondence. Going forward, ask to get a CC copy of all letters sent out on your behalf. If there is any hesitation on your lawyer�s part to meet with you, to show you the file, or to copy you on all letters sent out on your behalf, then strongly consider getting a new attorney.
You always have the right to switch to a new attorney, and there are numerous attorneys who will consider taking over a case for you. There will be some issues depending on how much work the prior attorney did, and his entitlement to get paid a portion of your settlement, but that will be between your new attorney and your old attorney. You will not pay any fee unless there is a settlement, and this stays the same regardless of whether you switched attorneys