Q: Am I being represented fairly?
In December 2022 I was involved in a vehicle/cyclist accident, me being the cyclist. Emergency room doctors and diagnostic tests diagnosed me with a compression fracture deformity of the T11 and T12, thoracic and cervical sprain with myospasm, and lumbar radiculopathy discitis. I sought lawyer representation and now, 18 months later with barely an hour of communication the entire time, the demand letter was sent. I haven't seen or heard from a lawyer, just a case manager and a titled 'demand writer.' I had several times stated that I wanted to review the letter before it was sent yet my plea landed on deaf ignorant ears. What was told to me was that the demand for $100,000 was counter offered for $7000. I have asked for a copy of the demand letter and I have not received it. All reasons to change lawyers are evident ~ lack of communication and I feel a sense of dishonesty and trust. Another lawyer familiar with my case said he can tow the rest. Any suggestions?
A: You should ask for a copy of your file in writing from your attorney. Then you should make an appointment and see anyone of us on Justia for a free consultation. We need to review the file to see why the first offer made by the insurance is so low. Has the attorney negotiated to try to get a higher offer? Are they disputing liability? Is there a police report? Are there any witnesses? Were you covered by liability insurance at the time of the accident? You are approaching the two years statute of limitations to file a lawsuit so you should contact anyone of us ASAP.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you’re experiencing serious communication problems with your current attorney, which is a valid concern. Effective representation requires regular updates and the ability to review important documents, so not being able to see the demand letter is troubling.
Given that another lawyer is willing to take over your case, it might be a good idea to consult with them. They can provide a fresh perspective and ensure that your interests are properly advocated. Make sure to gather all relevant documents and information to share with the new attorney.
Switching lawyers could help restore trust and improve communication, which are crucial for your case’s success. Don’t hesitate to seek representation that makes you feel heard and supported throughout the process.
A: I'm sorry about your accident. You ask a reasonable question. However, it's a difficult question to answer based on the brief summary provided. Your post makes no mention of liability, or how the accident occurred. It would be helpful to know something about liability, whether there is a police report, and additionally, what the medical file contains in terms of post-ER treatment and diagnostics studies. With such information, attorneys could comment more meaningfully. Good luck
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.
