Legal Question in Workers Comp in Nevada

Right Knee Injury & Surgery

32yo male injured at work 03-07.1st MRI showed meniscus/MCL damage.1st surg 04-17 knee cap spurring, scar tissue, & fixed tear. P/T for approx 2mos. Still w/pain & swelling.2nd MRI 07-07 showed another meniscus tear. 2nd surg 10-18 knee cap spurring, scar tissue, & fixed tear. Again started P/T. In 12-07, my knee gave out & I fell. 3rd MRI showed start of another tear & stretching of tendon fibers. Dr. did not pursue surg at this time. Despite continued knee pain, swelling, unstable gait, continued with P/T through 01-08. In 02-08 had FCE which recommended permanent lifetime restrictions and my Dr. agreed. With these permanent/lifetime restrictions my employer could not accommodate further employment and I was granted Voc Rehab. Awaiting meeting with Voc. Rehab counselor. 03-05-08 had PPD rating. Waiting for rating.Currently have a lawyer that I am very unhappy with: never returns calls, made stmnts that I will receive minimal compensation, makes me feel my case is invalid, etc. I've had this lawyer for 6-9mos. Can I change lawyers? If yes, How does that process work? Will I still have to pay him? What do you feel is the validity of my case? What factors are the disability settlements based on?


Asked on 3/11/08, 8:58 pm

2 Answers from Attorneys
David Fischer Fischer Sanders, LLP

Re: Right Knee Injury & Surgery

Hello David. I am sorry to hear that you are not happy with your current attorney.

Yes, you can switch your attorney at any time. You hired him and thus you can fire him at any time.

I do not know what your payment arrangement with him is. If you are on a contingency fee basis (you owe a percentage of your recovery at the end of the case), then the only thing you should owe him for if you switch lawyers is his costs (e.g. copy charges, etc.).

Your case is most definitely valid based on the description you have provided. Keep in mind that work comp is a very specialized area and unless an attorney practices in it on a regular basis he/she may not completely understand what is going on.

The factors used to determine your final settlement are age, average monthly wage at the date of injury, a factor set by the legislature and the relative percentage of your disability. This is a so called PPD (permanent partial disability settlement). It is intended to compensate you for permanent disability sustained as a result of your work injury once you have obtained maximum medical improvement and have been considered stable and ratable.

Our fee is 1/3 of what we recover for your you. If we recover nothing, you owe nothing.

I would be happy to discuss your case with you in greater detail. Feel free to give me a call to schedule a free consultation over the phone or in my office.

I can be reached at 702.384.1616.

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Answered on 3/12/08, 12:08 pm
Jim Herbe Black & Lobello

Re: Right Knee Injury & Surgery

Thank you for your inquiry.

If you are unhappy with your attorney you have the ability to terminate his services at any time. However, your attorney could file a lien against your case for services performed. Considering your case is in the latter stages, your attorney would have a valid lien claim.

However, any lien your attorney would place on your claim would not affect your recovery in the case. Your current attorneys' lien would be negotiated with any fee agreement reached with the new attorney.

If you feel that new counsel would more adequately represent your interests I'd suggest seeking new counsel. You may have issues regarding the validity of your PPD rating, potential permanent total disability, and future reopening of your claim.

My office specializes in worker's compensation and we aggressively represent all our clients. Feel free to contact me to schedule a free consultation.

Regards,

Jim Herbe

702.966.5686

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Answered on 3/12/08, 7:56 pm


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