[AHS]

PLEASE HELP, Case in Colorado.

I believe I am in trouble here. I do have an attorney but I am starting to feel this attorney does not know what they are doing.

This case is now in its 4th year. Bottom line I can not return to work and the defense keeps stalling on settling and my attorney can not seem to get this case closed. I am tired of excuses for more delays. Every time I'm told the defense can not delay the case any further. That started over a year ago.

Questions.
Can I get another attorney? Would I still have to pay this attorney any fees past what I now owe if I fire them?
Is it true there is a cap on the amount of money I can receive? (I was injured in part because the employer did not heed the restrictions place on me)

If I have to take this to trial will I have to accept payments over time instead of a lump sum settlement?

I guess I really need to know what options I have if any.

Again thank you to all the fine folks on the forum. I always receive great advise here. Sorry for the ranting but I am in deep crap here.

[Mr. Knowitall]

The insurance company doesn't have to settle. If the problem is that the insurance company doesn't want to settle, changing lawyers is unlikely to affect that stance. I don't know enough about your situation to know what might be awarded following a hearing.

If you change lawyers you would have to pay your current lawyer any fees that lawyer has earned. You should discuss that with any new law firm, and make sure that you would not have to pay more money to resolve your case simply because you changed firms - that is, your retainer agreement should reflect that you would pay a single fee to be split between your former lawyer and your new lawyer.

[AHS]

Thank you Mr. Knowitall,

My case is a very strong case not only in my opinion but in the opinion of others in the know. But it is still not an open and shut case as most are.

If I understand what you said, the attorney I now have may still be entitled to fees even if I let them go and pay them for the work they have done to date. Is that correct?

My feeling is this attorney is not aggressive enough and is being rolled over by the work comp carrier and my former employer. I have found I am not just dealing with a work comp carrier. Turns out the employer is self insured.

Now the employer dangled a large severance package in front of me when I was let go that I had to sign an agreement not to file suit against them to receive.
It was added as a condition that the employer could not interfere with my work comp case.

The fact the employer is holding up this case at every turn seems to be a violation of this contract.

If this is the case can I now file suit for damages since the employer did not heed the restrictions place on me by my doctor which added to the cause of my injuries.

Thanks again.