Legal Question in Personal Injury in Florida

Auto accident injury demand letter ?

My son and I were rear-ended at a high speed Aug 2006. I suffered head, neck, shoulder, and back injuries, while my son suffered emotional trauma his senior year in high school. This accident left him with post traumatic stress disorder and took a Cum Laude student in a college prep school and left him with barely completing his work, dropping his GPA one point, and having a headmaster sending a letter to have him withdrawn...we did not withdraw him and he has made great strides this year. It nearly destroyed him. The attorney has still not filed his demand letter, gotten his doctors records, etc...to date. I wanted his suit filed and out of the before he leaves for college as I want no more of this effecting his studies. I just had surgery on my shoulder last week, cervical neck surgery and fusion in a month or so, and then see about the lumbar bulging discs after some PT. Mine will drag out, but I am getting frustrated with the attorney as far as my son is concerned. What is a reasonable amount of time to wait? I just can't have this accident take away from him anymore. It has affected so much in my life as is.

Do I have reason to find another attorney? thanks


Asked on 7/13/07, 12:59 pm

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Auto accident injury demand letter ?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. If you are not pleased with the representation provided by your attorney, you are always within your rights to find another attorney to represent you. You should sit down and meet with the attorney to review the case file first, however, because more may have been done than you realize. Changing attorneys in mid course will often slow down a case, but based on what you have reported, it may be an advantage in your situation. You will be responsbile to the original attorney on a quantum meriut basis for work done but you should be able to negotiate with a new attorney that any payments due come out of the new attorney's share of the eventual proceeds of the case.

Scott R. Jay, Esq.

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Answered on 7/13/07, 1:29 pm
David Ellis david Robert Ellis, P.A.

Re: Auto accident injury demand letter ?

I suggest you make an appointment to sit down face to face with the attorney and tell him your concerns, and give him the opportunity to respond. There may be legimate reasons that things have not progressed as you would have expected, or you may be right on point with your concerns. Either way, communication should help.

Good luck.

David Ellis

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Answered on 7/13/07, 1:30 pm
Philip DeBerard Accident Law Offices of Philip DeBerard

Re: Auto accident injury demand letter ?

Our firm always recommends you discuss your issues with your attorney. If you cannot communicate our firm specializes in client communications.

We welcome your call.

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Answered on 7/13/07, 1:51 pm
Jacob Segal Landau & Segal, P.A.

Re: Auto accident injury demand letter ?

You need to be careful that if you do hire a new attorney you do not pay your old attorney's lien through your settlement. This needs to be negotiated at the time you hire a new lawyer. Further, it is usually easier and more effective to hire a new lawyer before a lawsuit or demand letter is filed.

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Answered on 7/13/07, 4:04 pm


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