Legal Question in Personal Injury in Pennsylvania

I'm a college student that works and goes to school in Philadelphia, PA on a daily basis. I was in a car accident back in February and my dad's insurance which covers me only covers limited tort and limited liability. Nevertheless, I was told it would be in my best ineterest to file a law suit, which I did. My question is...am I obligated to continue to pursue a legal case with the attorney that agreed to represent me originally, eventhough the circumstances are no longer the same since my automobile accident? The circumstances are: My MRI came back negative; I no longer feel pain in the affected area, which was my back. The reason I no longer wish to pursue this any further is because the attorney insists in having me go to the doctor, chiropractor, etc for as long as it takes to win the case. Unfortunately for me, I am barely making ends meet and my job is my main source of income. With all of the days I had to take off from work as a result of the accident, I can no longer afford to miss anymore work, nor leave early to attend these doctor meetings. Thank God I feel fine and cannot risk my job due to this matter. My attorney is being quite persistant about this, to the point that he is begining to annoy me. I have tried to explain this to him but it is not getting through. Again am I binded by this decision to have filed a lawsuit...in any way, shape or form? What do I need to do to have this case officially dropped?


Asked on 5/24/10, 1:43 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

You are not obligated to pursue the case. You should write the lawyer a letter telling him that you do not wish to pursue the case and ask him to withdraw it or settle it.. Regardless, you should not go to a doctor simply to try to make your case better. If you need to see the doctor, then by all means, get treatment. If you don't, then don't bother.

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Answered on 5/25/10, 11:25 am
Richard Senker Senker Law Office

Nobody is forcing you to get treatment. If you don't need it, don't get it. Eventually, your lawyer will realize that your case doesn't have value. Also, you can always fire your lawyer.

You should investigate real hard whether you really are a limited tort insured. Did you live with your dad when the collision occurred? If not, you may not be governed by his policy, and you may be full tort. Feel free to call if you want to discuss.

Richard Senker 610 279-1600 or 1 866 AUTOCRASH (toll free)

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Answered on 5/25/10, 7:21 pm


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