Construction and Building Site Accidents
By: Ian Hass | 06/04/2008 | Law
An article detailing useful information regarding Construction and Building Site Accidents and compensation claims
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A previous article in this series explored what your attorney should be doing for you in a personal injury (PI) case. This article addresses how to deal with an attorney who’s not doing what he’s supposed to do.
It’s always amazed me how some PI attorneys sit on a case. Think about it. PI attorneys are usually paid on a contingent fee - meaning, they get a percentage of whatever they can get for you. Why then would your attorney let your case sit idle? To be sure, the attorney’s overhead expenses aren’t sitting idle.
The answer falls neatly into two categories - either your attorney is too busy, or he’s too lazy. While the former is certainly better than the latter, neither is good for you.
Here’s the steps you should take if you suspect your attorney is too busy or too lazy:
1. Speak to or meet with a top PI attorney in your area to find out what a real attorney would be doing on your case.
These consultations are almost always free.
How do you find the top attorney in your area? Not on TV and not in the Yellow Pages. If you like, you may call me or email me and I’d be glad to help you. The best way to email me is to get your claim value by filling out the 10 questions in the Claim Calculator link below. That will give me both your email address and specific information about your case (amount of property damage, medical bills, wage loss, etc.) I’m able to find, through trial lawyer association list-serves and other means, the top attorneys in every area of the United States. I communicate directly with the attorney about your case particulars, and if he’s willing to meet with you, I connect you with the attorney so you can schedule a time to meet or speak about your case.
How do you know an attorney is one of the best in your area? Simple - he posts his million dollar results right on his website. Attorneys that I help people find are the best - their results speak for themselves. An attorney that doesn’t post their results on their website is not proud of their results. You can rest assured an attorney that has repeatedly recovered over a million dollars for individual clients knows how to successfully handle your file. Successful attorneys also have reputations that insurance companies are aware of. That reputation can make a big difference when the insurance company is deciding whether to settle for a reasonable amount or jerk around your lazy attorney until he persuades you to take a low-ball settlement.
2. Fire him or make him quit?
What happens if you hire him? It varies state by state, so check with the new attorney you meet with. Typically, attorneys are entitled to be compensated for the work they’ve done on the case up till the time you fire him. Usually, this is determined by the number of hours he worked multiplied by a reasonable hourly rate (based on his experience). He must release the file to you (it belongs to you). He may keep a copy of the file, but usually the ethical rules require the copying be done at his expense. The attorney can place a “lien” for the time he spent on your case - which is only paid if and when you get a recovery with your new attorney.
Important: If your new attorney really wants your case (and you ask for it), the new attorney will often pay the old attorney lien out of the new attorney’s 1/3 fee. In other words, switching attorneys won’t cost you anything extra. In fact, for the same 1/3 attorney fee you were always going to pay, you now have a much better attorney who will get you even more compensation for your injuries.
What happens if he quits? If your attorney quits, he can’t claim an attorney lien for the work he has done. If your attorney quits, you don’t have to worry whether your new attorney will agree to absorb the attorney lien within his contingent fee. And the new attorney doesn’t have to worry about fighting the old attorney on an unreasonable attorney lien.
A lazy attorney will usually grow tired of a client who persistently calls the attorney demanding proof the case is moving forward. Frequent calls to the attorney usually do the trick, although it never hurts to “pop by” the attorney’s office and ask to meet with the attorney, or if he’s not available, his paralegal. If no one’s available by phone or in person, insist on a day / time to meet in person. Tell them you’d like to review the entire file. When you do meet (or speak by phone), find out when the attorney intends to file suit. Filing suit forces the insurance company to hire an attorney (i.e. pay money). It also triggers deadlines the insurance company must meet. Without deadlines, the insurance company is happy to keep your money in the stock market - which is really how insurance companies have historically built wealth. That’s why insurance adjusters are trained to delay the claim as long as possible. By repeatedly demanding that your attorney file suit, or withdraw from the case so you can hire an attorney that will, you may be able to get rid of that lazy attorney.
Feel free to contact me (through the free Claim Calculator below) if you have any questions.
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Some often fail to see the importance of attorney services in California. But don’t you know that at some point in our lives, we may be needing their help? These professionals, who have practiced for years, have a vital role and responsibility to society.
As legal professionals, it follows that they are familiar and well versed with the existing laws. As important as these laws to us, attorneys are also essential in the protection and preservation of our legal rights.
Since the California Laws, both civil and criminal, involve a wide variety of cases that branch out to further classifications, it can be very complex and puzzling for an ordinary individual. There are certain aspects of law which are bound to confuse many, from legal proceedings to out-of-court settlements, from negotiations to court litigation.
Laws are so vast for a common person to perfectly comprehend. There are various areas of law that not everyone is familiar. That is why it often happens that aggrieved persons are not aware that they have a valid claim to a certain violation of their right.
People’s lack of knowledge and familiarity with the law often leads to a forfeiture and compromise of their rights. This means that the rights they have are often violated without them knowing since they are not aware that the law provides them such rights.
Our privileges under the law may go to waste when we do not take action to fight for them. Letting our rights be violated is just as good as letting others take advantage of us and tolerating them of their wrong deeds.
An ordinary individual can be easily wronged when they are not able to stand up to others and declare their rights. So to assure that your rights are preserved, you may turn to legal advocates who are dedicated in helping plaintiffs and defendants alike.
Legal advocates could either be general practitioners who handle various types of cases. There are specialists who have the expertise on a particular type of cases. Who you need will of course depend upon the situation you are in.
You may be a personal injury victim of a vehicle accident, slip and fall accident, animal attack, product liability, premise liability, or a victim of other type of injury arising out of another’s negligence or intentional act.
You could also be an employee violated of your employment rights. You may have a claim on a wrongful termination, workplace discrimination, sexual harassment, worker’s compensation claim or others.
A disabled individual, who is pursuing his or her disability benefits, or an elderly person pursuing his or her retirement benefits, could also utilize the services of a California attorney.
Even small businesses and large corporations may also bring a legal action against another entity in case of a business dispute.
These are just some of the specialties of attorneys. They provide a purpose – and that is, to guide, lead and help individuals who gets involved with legal conflicts. In the event that you have reached the point wherein you feel the need to protect your rights, don’t hesitate to call the services of a California attorney who has expertise on your case.
Our California attorneys provide free initial case evaluation for our clients. For your legal problems and inquiries, log on to our website and learn how to contact our legal experts.
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