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.
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
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