Legal Question in Personal Injury in New York
I am a person who has been on workers comp for 3-years now, I also filed for ssi disability in which i just recieved an unfavorable decision recently. I feel that my attorney has not represented me properly. he waited just 2-days before the hearing to start to propare for that hearing. also seconds before the hearing stared the law judge critized my attorny for not having the proper information on disk( judge wasn't to happy). also i feel that my attorney has not handled my workers comp case correctly either. I suspect that the Appeals on my behalf have not been file? which had let to a verbal confertation when my attorney started yelling at me because i asked to see the appeal that he supposely sent out to the board. he refuse to show me any work at first, but then his wife(co-attorney) let me see the appeal. It dosen't seem like much so I question the effort. my attorney recieves $ 20 per month for my WC-CASE. MY QUESTION IS CAN I SEEK OUT ANOTHER ATTORNEY? AN WOULD ANOTHER ATTORNEY TAKE MY OVER MY CASES??
2 Answers from Attorneys
I am a workers' compensation attorney in the NY-area and I would like to answer your question. Yes, you are free to obtain another attorney.
Whether another attorney would take your case depends on whether or not you have a permanent partial disability. If you have been PPD'd then your current lawyers and have probably taken as much compensation as they could out of your case, short of a Section 32 and probably have put a significant amount of time into your case. Therefore, your next attorney would have to contend with your current firm who would assert a huge fee application and possibly take the lion's share of any Section 32 final settlement.
If you were not PPD'd and you have a high AWW ($500 or more) and are amenable to a quick Section 32 final settlement then maybe you will be able to obtain another attorney to represent you.
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