Costa Mesa, CA asked in Workers' Compensation for California

Q: My attorney os not honest with me and accepted a settlement without my authorization. What can I do?

This last attorney just recently took over my case after 2 other attorneys had also been handling it yet they also had their assistants, paralegals and legal aids be the ones to return my calls and answer my questions that sometimes not even they had the answers to. They have not made an attempt to get any of the evidence from my accident or witness statements and I have brought to their attention the fact that the QME report has a lot of the information incorrect and that he lied about the examination/ evaluation which didn’t phase him one bit. Instead he told me that there was nothing he could do since the dr has the final word because they trust him. I have proof of my claim made about the QME but my attorney didn’t take it serious. So aside from not even knowing all the facts about my case and trying to convince me my case isn’t worth much , I have a feeling he is hiding important information on y case. What can I do?

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: IF you can find another firm, you could fire this attorney and hire a new one you trust. But you write 2 other lawyers had it also. If they were fired too, a fourth attorney is not likely to take this on. If the insurer is disputing the incident occurred, only then are witness statements needed. If you were disputing the QME findings, you needed to hire an attorney who promised to conduct this doctor's deposition and explain his errors. IF THERE TRULY ARE ERRORS you should be very very happy! If you can prove conclusions of the QME doctor are based on falsehoods and your proof is so crystal clear any judge would agree this is report cannot support a judgement, then what you really need is a TREATING PHYSICIAN report proving your disability and GO TO TRIAL. never settle on a QME Report you can absolutely, positively prove is false and inadmissible.

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