Legal Question in Workers Comp in Missouri

Can't stand the pain any longer.

My wife injured her back on her job in June 2001. She was lifting and ruptured disks L4-L5 and L5-S1. Employer offered no help so she filed a comp claim with a reputable attorney months later. It's been over 2 years since the injury and she can't take the pain and expenses of medicine anymore. She wants to drop the case and get the surgery now using our insurance co. QUESTION: Can she just tell the attorney to drop the case and what fees will we have to pay if she does drop the case? I hope you can give us an answer soon if possible. thanks,.

Asked on 12/05/03, 10:11 am

1 Answer from Attorneys

Donald Herron Herron Law Firm

Re: Can't stand the pain any longer.

Your wife can drop the case if she desires. Furthermore, she can go to other doctors at her own expense without dropping the case. If she is not happy with her current attorney, she can retain a new attorney. The fee due the current attorney depends on her contract with that attorney and the amount of time he or she has spent working on the case. In most cases, that attorney would have a lien on any future settlement. Given her condition, if it was me, I would not drop the case.

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Answered on 12/05/03, 11:05 am

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