Asked by user in California. Answered by Enjuris Editors.
Hello, Lisa:
I am sorry that you’ve suffered these injuries from your accident. It’s hard to know for sure from this set of facts what’s happening with your lawyer. However, you always have the option to find a new lawyer if you believe that the one you’re using isn’t serving you well.
Yes, it can be very difficult to receive the compensation that would cover the full extent of your treatment when you’re severely injured. It’s important to find a lawyer who will look at the totality of the situation — your medical expenses, daily life needs, and future costs — so that you can receive exactly what you need to move forward. Unfortunately, the defendant (the other driver in the accident) would be responsible for paying the costs for the injuries that are a direct result of the accident. If you were misdiagnosed by a doctor or your treatment was delayed for some reason, that’s not the driver’s fault and it might be hard to be compensated for those related issues.
It sounds like what you should do is seek the opinion of another lawyer, and then if they think there are things that could or should be done differently, retain that person’s services and terminate your contract with the original lawyer. You should review your retainer agreement with the first lawyer as soon as possible to see what you need to do if you’d like to transfer your case file to someone else. You can also send a copy of the retainer agreement to your new lawyer and they would likely be able to handle that, as well.
Best of luck and I hope it all works out for the best (and that you feel better soon!). If you need to find a new lawyer, you can use the Enjuris law firm directory to guide your search.