Q: Can my injury attorney deny a needed surgery after they filed a lawsuit?
I was in a semi accident two years ago. I tore my tfcc in my left wrist and disks in my neck are out of place. I had surgery to correct my tfcc tear in April of last year but now I’m having worse pain in my wrist. I’ve had steroid injections in that area so I’m not sure if they were just temporary or they made it worse. I went to a new doctor, I moved out of state, and he recommended another wrist surgery to eliminate the pain so I can go back to work. I was supposed to hear back from my attorney earlier today but he has yet to return my phone call. I’m afraid I’ll be denied surgery and will have to live with this pain for another year. The truck driver admitted fault. He did an illegal lane change on the freeway and totaled my car. Overall I’m not satisfied with the law firm I chose. I feel as if I’m bothering them when I need help and they don’t explain anything to me. It’s too late to hire a new attorney. I’m trying to be patient but I’ve reached my emotional and physical limit.
A: You always have the right to fire your attorney if you are dissatisfied with their services. Also, it's completely your choice whether to have the additional surgery or not. Your attorney cannot deny you the right to get that treatment for your injury.
Patrick William Steinfeld agrees with this answer
A: There usually is enough coverage in truck accidents to compensate you for all your injuries. Keep trying and when you talk to your attorney you should let him know your feelings and that you are considering hiring a different lawyer. Depending on where you are in the case it may not be easy to get a new attorney to take over because your current attorney may assert a lien on your case. Has there been a trial date set?
A: Focus on your emotional and physical recovery. If a doctor says you need surgery then you need surgery. Your lawyer does not get to dictate your medical treatment. If the truck driver has admitted fault then your lawsuit is over damages (value of your claim) ... not liability. If you are disappointed with your lawyer contact one of the attorneys on this forum to get a fresh look at your case. Most of us have experience in truck accidents and practice state-wide. It costs nothing to talk. Nothing is going to change with your current attorney. Good luck. Patrick
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