Delays in Settling an Accident Case

[michael1986]

My question involves an injury that occurred in the state of: TEXAS
I was rear-ended last March and have been waiting over a year for my lawyer to settle with the insurance. When I call for an update I am told that there is nothing new to report and they will call me as soon as there is. Sometimes I am first told that he is still waiting for medical records to come in. He is not, all records have been faxed to him. It seems like every time I call someone new answers the phone and I haven't actually talked to the lawyer since we met and signed paperwork last year.
My questions are:
Is this normal?
Shoulld I consider finding a new lawyer?
How do I fire a lawyer working on a 1/3 contigency basis?

Thanks
Michael

[Mr. Knowitall]

Some law offices are better at communication than others. It may well be that, as you've been told, nothing has been happening. After discovery ends while you wait for a trial date, absent somebody trying to open up settlement negotiations, schedule ADR, or something of the like, not much will be happening

I don't know enough about your case, its status or its value to suggest whether or not you should switch firms.

If you do switch firms the contingency fee would normally be split between the two firms, based upon work performed. Read your retainer agreements as it may contain provisions relating to what would happen. Your new lawyer can also help you understand how the fee might be divided.

[SChinFChin]

My question involves an injury that occurred in the state of: TEXAS
I was rear-ended last March and have been waiting over a year for my lawyer to settle with the insurance. When I call for an update I am told that there is nothing new to report and they will call me as soon as there is. Sometimes I am first told that he is still waiting for medical records to come in. He is not, all records have been faxed to him. It seems like every time I call someone new answers the phone and I haven't actually talked to the lawyer since we met and signed paperwork last year.
My questions are:
Is this normal?
Shoulld I consider finding a new lawyer?
How do I fire a lawyer working on a 1/3 contigency basis?

Thanks
Michael

Could be normal.

I was the driver in a pedestrian-auto accident in Oct 2004. The case finally settled in mid 2007. In early 2005, I was told by my attorney, actually the insurance company's attorney NOT TO CALL every month, because there is nothing new to report every month. Told to call every six months if I don't hear anything. They did update me by phone every six months.

Some years back, the wife's sister was killed by a truck going through a red light. That case took about 6 to 8 years to settle. No attorney wanted the case on a contingency basis because she was told early on it would take very long, far too long. Either the attornies she interviewed couldn't wait that long, said they have salaries to pay, kids to put through college, others told her that they'll be sick and tired of clients calling every month thinking they are sitting on their hands. A retired attorney finally took the case with the understanding that it'll take him a long time, but he's retired, his kids graduated and they're already attorneys, and he doesn't need the money, just something to do, and we understand that there'll be long periods where there is nothing going on. In other words, if we start calling him every month, he'll drop the case. He did update us every six months or so, usually to say nothing is going on.

In my pedestrian accident, I was the defendent, and our attorney basically admitted they dragged the case out to wear the other side down, so we won't have to pay so much. It's a case of "we asked them for this, and they haven't gotten back to us ..", etc. So it's not a case where it's "oh my God, it's 30 days already, lets overpay big money to settle it now".