Q: Do I need to look for a new attorney or is this delay out of her control?
Back in 19/2015 insurers IME reported I am not MMI, I can not work and it is related to the work injury. As of today we are still in limbo nor are we moving towards a trial, just waiting to see what they want to do. In Jan the judge told them to tell us how the insurance company wants to proceed but that really hasn't happened. She says she filed for a hardship back in Feb but she has no date for that stating first they will have a mediation (also not scheduled) than it will be set for hardship hearing. I'm starting to think she has dropped the ball, so my question is is this really something she can't do anything about? Is this atypical of a workers comp case? Or should I look into firing her and looking for a new attorney?
Side note: Can I request a legal fees based on bad faith of the insurance company? 6 months seems excessive and they have been made aware that I am in need of medical care by their own expert.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (888) 962-4453
- View Profile
- Answered
A: Legal cases take time to complete especially those that are subject to litigation. I recommend that you arrange for a meeting with your attorney to get a status of the case. Following the meeting, request that the attorney detail the status of the case and plans moving forward in an e-mail or a letter. If you are still not satisfied with the status and answers, contact another attorney for a second opinion. Delays can be quite common. As for the Bad Faith case or potential case, these cases are quite complex and expensive. All the facts and circumstances need to fit in place to be able to pursue a Bad Faith case. A delay in the case or resolution of the case is just one of many factors that can be considered as part of a Bad Faith case. Good luck.
Mr. Michael O. Stevens agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
