Vallejo, CA asked in Car Accidents and Personal Injury for California

Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

3 Lawyer Answers

A: If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments for clients with the client's treating doctors, although they may be involved in scheduling independent medical exams or examinations by testifying experts as part of the lawsuit. "Lawyer-driven medical care" is a practice that creates ripe opportunities for defense lawyers to successfully attack an injured plaintiff's medical care.

A: Your attorney isn't doing anything wrong by not scheduling chiropractic visits. That's something patients arrange. Attorneys could assist in finding medical providers and facilitating care, but it's generally upon the patient/client to schedule visits. It's difficult to guess why your checks are being held. It would help to know if there are liens against your settlement awards, for example, from a medical provider or the subrogation department of an insurance carrier. You could ask your attorney what the cause for the delay is with lost wages. Those claims are generally delayed for failure to verify income. If you're an employee, that's usually fairly straightforward wit pay stubs. If you're self-employed, it could sometimes take months to verify income with tax and business records. Your attorney would know better than anyone on a public forum the cause for delays or reasons for withholding. You'd need to ask them. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you believe your personal injury lawyer is mishandling your case, there are steps you can take to address the situation. Firstly, communicate your concerns directly with your lawyer. Explain the issues you're facing, such as not understanding the forms you signed, lack of updates, and not receiving your settlement checks. Clear communication might resolve some misunderstandings.

If your concerns are not addressed, you can file a complaint with the State Bar of California. They regulate lawyers and can investigate issues of misconduct. Visit the State Bar’s website or contact them directly to understand the complaint process and what information you need to provide.

You might also consider seeking a second opinion from another attorney. Another legal professional can review your case and advise you on the best course of action, ensuring your rights are protected and you receive the compensation you deserve.

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.