[MrHeaton]

My dad filed a claim in Alabama 2.5 years ago because his thumb was cut off (then re-attached later) in a welding accident. His attorney turned down a settlement from his employer for whatever reason, and let the case sit for 2 years. Dad found work elsewhere and assumed the attorney was on the job. (Not good to assume). His attorney did not know the Dr. had provided a 95% lifetime disability for this accident. In the past 6 months the injury has caused dad much pain and dad has tired to determine if he has any benefit from this claim since all of the information wasn't documented. The attorney has avoided communication with dad on this subject. The case was taken on contingency basis. Two questions: 1) Can this case be re-opened by the attorney in light of the undocumented information (95% disability) and 2) Does dad have any legal privilege to retrieve his client information from the firm such as case number, and papers they have filed on his behalf? Thanks - MrH

[lwpat]

He has a right to all of his files. Then he needs to either hire a new attorney or go down to the WC office and talk to them. Be sure to get a withdrawal letter from the attorney releasing him from any payment obligation. If the attorney balks, contact the state bar.

[MrHeaton]

Thank you for your reply. I'll let him know and try to help. I live 1000 miles away so it is difficult for me to give him lots of direction but not impossible. Unfortunately dad lets me in on things when it appears too late. MrHeaton

[MrHeaton]

Oh dear. This is bad. I helped dad contact the WC office in AL. They were helpful but gave him awful news. Seems the attorney failed to provide sufficient evidence to keep the case open. The claim was closed and the judge threw out any pending lawsuit becuase the attorney declined the right to review discovery. No wonder the attorney is avoiding dad. Now, do we need to look for legal malpractice attorney? MrH

[Valentino Rossi]

Oh dear. This is bad. I helped dad contact the WC office in AL. They were helpful but gave him awful news. Seems the attorney failed to provide sufficient evidence to keep the case open. The claim was closed and the judge threw out any pending lawsuit becuase the attorney declined the right to review discovery. No wonder the attorney is avoiding dad. Now, do we need to look for legal malpractice attorney? MrH

That sounds a good course of action. What a jerk that attorney is. I wish your father the best. That you prevail in this battle.