My situation is the next:
Last year I had a traffic accident. The fault was with the other car, accepting it and paying his company the damages of my vehicle.
As my insurance company did not provide me with information or help on the subject ‘lawyer’, we decided to hire independently the services of one, reaching the agreement to pay 10% of the compensation that corresponds to me, although it is not written or signed anywhere .
I was two months out and still, to this day, I’m still going to rehabilitation for the cervical sprain that I had, with sequelae reflected in magnetic resonance and x-rays.
The problem arises when the lawyer passes the date of six months to file the complaint, leaving only the option to file a claim a year. It was his unilateral decision, without consulting us or asking us for an opinion, we did not know until after the six-month date. He tells us that it is better that way, without understanding very well why, but trusting that our lawyer will do the best for us.
A few weeks ago he tells us that he needs a medical report from the coroner, which is an additional expense that I have to pay out of my own pocket. The doctor only reports 10 days of disability (even if he was two months off), which makes my compensation substantially lower. Now I ask my lawyer to complain to the coroner for the two months I was off and he says no, that what the doctor informed in his day can not be changed. And that he decides which are inactive days and which are not (although I have all the parts of low and even a report of the doctor verifying the two months of loss).
I am considering the option of changing my lawyer, because I believe that the one I have hired is not doing what I expected, apart from the bad manners and telling me that he is losing too much time with us.
In this case, could the coroner rectify his report? And, in the event that I would like to change my lawyer, could one represent me as an attorney?
In your case, when you lose the criminal way, and have to go through the civil procedure that costs you money to exist the existing court fees nowadays, I would recommend you to contact the opposite company directly. As a lawyer, and experienced in matters of traffic accident claims, when there is no other option the easiest and fastest is to contact the insurer and agree compensation. With the part of the two months of leave you have and rehabilitation, lawyers can contact the company to reach an agreement and pay, so you would receive compensation and refuse to take any legal action if he accepted the offer.
End the question positively. And remember that this is not a advice, since I lack documentation and arguments for analyze the case as it should. Thank you. Att. Marc lawyer.
First of all thank you very much for answering my question. But now I have a question:
Do I have to ask the lawyer for the (original) papers? I am referring to medical losses, rehabilitation reports and forensic report in case I get directly in contact with the opposing company. And also, do I have to tell my lawyer that I will not specify his services? I say this because we agreed verbally that it would take 10% of my compensation, and if I’m going to get in touch with the other insurer, what happens to that percentage?
Sorry for asking so many questions, but we’ve been with this issue for almost a year and I feel helpless legally speaking. My lawyer says that I waste his time and above all do not question his work.
had needed a lawyer and the truth is that the experience has been rather
negative, that’s why my feeling of impotence and injustice. In cases like this, one
he feels rather helpless, so I repeat, thank you very much for
answer my questions.
The lawyer that you have must give you ALL the documentation that you have given him, he is obligated, if not, he can report him to the local bar association. In any case, from my experience I do not recommend that you be the one to get in touch with the company, I have had a client who has done it (to save the lawyer) and in the end they have come to me, because what they gave him did not fit reality. Try and if they give you what convinces you ahead.
The 10% if there is nothing signed can not claim, even so that 10% is according to compensation, an indemnity that you have not charged therefore if you give up professional services before charging, you do not have to pay anything.
A cordial greeting. If you have any questions, contact me.
At this point,
Could I ask for a lawyer by trade?
I would not be able to tell an ex-officio lawyer if there is no open procedure, that is, if the lawyer had filed the criminal complaint, and I would like to change if I could, but being an extrajudicial action, which is only to contact the company does not Anyway, a lawyer by trade is not free either. A cordial greeting. At .. Marc lawyer