Legal Question in Personal Injury in Texas

The lawyer will retain an interest in any settlement..unless you have good cause for firing/changing etc....unfortunately having a "wreck" does NOT mean insurer will pay even if liability is clear..and the broken neck requires medical expert to prove in trial..etc...but insurers welcome such actions..as it limits their exposure...good luck

Unless she fires her lawyer for good cause, under Texas law, the lawyer is allowed to keep his contractual lien against her settlement proceeds, and the insurance company is likely to include the lawyer as a payee on any settlement check. Good cause would essentially be things like not returning your telephone calls, failure to keep you advised of what is going on in the case, not being truthful about what is going on in the case, or an action or omission that would be harmful to your claims. If their is good cause for firing the attorney, then you need to put set out your grounds for firing the attorney in writing and deliver it to the attorney with a request for your file. You are legally entitled to the return of your file, whether you fire the attorney for good cause or not. However, I would be very, very careful about dealing with the insurance company on your own. Early on, insurance companies tend to come by with the big smile and the small check, trying to get you to settle your claim. Remember, insurance companies are in the business of taking premiums and never giving them back unless they absolutely have to, that is how they make a profit, and believe me, insurance companies are very good at making a profit. Further, there may be other policies of insurance that cover the injuries to your wife. Your wife's right to recover against those other parties could be jeopardized or waived if you sign a release with the insurance company of the person who caused your wife's injuries. A broken neck is a very serious injury, and could have long term effects. You want to maximize her recovery from whatever insurance is available, to make sure she is properly compensated for what she is going through and may continue to go through. Please let me know if I can help.

If you fire your lawyer "without cause" then the lawyer will retain his/her interest in the case, and the insurance company will go out of its way to minimize the amount they pay you. It's nothing personal, but the insurance company's job is to pay you as little as possible. If you have a problem with your attorney, I would recommend having a sit down in their office to discuss why you think the attorney isn't do his or her job, and how they can fix things. If you still can't get satisfaction, I would recommend getting new counsel and have them work things out attorney to attorney. Do not attempt to do a case like this on your own.

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