can i sue my ex lawyer for malpractice? and re open a workers comp case as well?
i was taken advantage of by my shady ex lawyer in a case that i was to get 100,000 or more, i was told to take the first settlement deal of 2,000, i did not know i had a choice,option or even see a judge.. so i took the offer.. The only way to re open my workers comp case is to prove i have a mental conditon,wich i do,i have records of adhd,depression,and under medication at the time.i need a lawyer and advise on how to get the money i deserve
iam in southern california, e mail me at pokerstarz25@yahoo.com with info on a lawyer who will help me win big money
i will tell you what kind of lawyer would take a 2k settlement over a percentage of 100k a lawyer who excepts an under the table check(deal ) to get me to sign the min.. it is real and it has happend to me!
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Sounds like you have settler’s remorse. You can talk to a malpractice lawyer if you want to. I seriously doubt anyone will take the case, though–you just changed your mind after you spent the money.
Or you can just whine on Yahoo Answers.
That would be odd for a workmans comp attorney to tell you to settle for $2000 instead of fighting for the $100,000 because in workman’s comp cases the attorney gets a percentage of the award.
Just because you feel you “deserve” it doesn’t mean you’re going to get it. Until a judge awards you $100,000, you are not entitled to it. So if the lawyer told you to take the offer for $2,000, there was a reason. You jump right to the conclusion that he was shady, but the more likely explanation is that you had a crappy case. What lawyer would pass up a chance at a cut of $100k for a cut of $2k?
To answer your questions, find a lawyer in your area that handle workers comp and/or legal malpractice. Find them in the phone book or call the California State Bar and ask for a referral.
Attorney referrals for injured workers in Calif can be found at
http://www.caaa.org. Just enter your zip code. I agree with Common…
awards of indemnity in Calif WC are based on your final PD/WPI
rating for disability or whole person impairment. There is NO WAY
any AA/Applicant Attorney would begin to think your injury/claim
would be worth 100K and tell you to accept 2K. Atty fees in Calif
average 9% to 12%, with a max of 15%. Because you have prior mental
impairment, not related to your industrial injury would be subject
to apportionment to cause. You must show 51% of your ‘stress/psych’
injury to be associated to your job. A WCAB judge must review any
settlement for adequacy to the injurey worker before an award may
be issued. You really need to move on from this issue. You don’t
have a case for legal malpractice against this attorney. Nor is it
likely you will find another atty to take this case. It’s over.
Why did’t you just find a knew attorney if you felt you could not
trust the one you had? I believe you 100% that he was shadey and
very well could be making deals to benefit himself and screw you
over. However when he came to me with an extremly unreasonable
C&R I fired his ass and got a better attorney. Why would you
sign for $2,000 when you thought your claim was worth $100,000 and
thought your lawyer could have possibly been screwing you over?
Sounds like you made a mistake, but you did sign it so there no
legal action to take. Good luck to you.