Do I have a case? (Legal Malpractice)?

Friday, February 17, 2012
By WcrAdmin

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Do I Have a Malpractise Case? ( Law Malpractice).?
I got injured on my job December 11, 2007. I hired a lawyer to represent me at the worker compensation board. This lawyer never asks me what my duty was, or how I got hurt. I have tried to call him numerous times to talk to him, he never returned my calls. Before all that, he would not call me to confirm a court appointment.

1. – I had a hearing, he sent a lawyer from his firm who was socializing with the opponent and his lawyers. I was being asked questions after questions; he was just seating next to me and smiling. He has not pronounced a word during the entire meeting. It was like I was on my own.

2. – I called him to let him know I did not like the behavior of that lawyer, I called him few times, he never returns the calls.

3. – I had a second hearing, he sent another lawyer who told me the first one quit the firm he is now working for the opponent law firm. For some reasons on that day the hearing was cancelled.

4. – I had a hearing for 9/9/2008 at 2:30 PM, I called him to let him know I would not be able to attend, he told me he would make arrangement that I could be on the phone. I called him in the morning he did not pick up the phone or calling me back. When I called the board, they told me he did not make any arrangement so they were not sure.

5. – The insurance carrier refused to approve the treatment I should receive; I call him in the hope he will intervene, in the situation. He ignored my calls.
6. – The doctor fax a letter to the insurance carrier requesting authorization for an injection for my treatment. The insurance carrier waits 50 days before they denied me the injection. They usually wait 30 days for an approval or disapproval. I called the lawyer requesting his help, his secretary took my name and my phone number, and he never returns my calls.
7. – While waiting for the insurance’s approval for the injection I got fired from my job. Reason, I failed to give them a doctor’s note. (It took their insurance 50 days to deny me an injection).
8. – I used to transfer an individual from a wheelchair, to a toilet seat every 2 hours using my back. I had to switch him side every two hours over night using my lower back. I have been out of work because of my work related injury since December 11, 2007. I have been trying to call that lawyer to explain to him what my function was and how I got injured on the job, he totally ignored me.
9. – The last straw, I spoke to him two weeks ago about the hearing I was supposed to have on September 9, 2008. He told me he would make arrangement with the WCB to have me testified over the phone. When I called, on 9/9/2008, I was told there was no arrangement made. The hearing was made without me present or over the phone, as a result I was rewarded $1000.00

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4 Responses to “Do I have a case? (Legal Malpractice)?”

  1. You mean an injunction?

    #9487
  2. im not sure, I think I would absolutely try, at least talk to a lawyer and see what you can do, that is some serious BS, …..to miss fix it above me…this guy writes this whole thing out and u give no advice all u say is u mean injunction,,,,,,what the h*ll.

    #9488
  3. Probably. Contact your state’s board of bar overseers, or highest court in the state, which has jurisdiction over disciplining of lawyers.

    #9489
  4. I realize this thread is nearly a year old… I just saw it though.
    THere is no legal malpractice here. When you dislike the
    representation you are receiving in your claim, CHANGE ATTYS.
    Because you think the atty is not doing his/her job, or you could
    do better on your own…DO IT. There are NINE ‘complaints’
    here…none of which give rise to legal mal practice. Merely
    applicant discontent. Attys can’t change the comp rules, can’t get
    more money that the statues have pre determined, cannot get medical
    care your Dr can’t support. WC attys can handle disputed issues for
    you and argue your eligibility over issues as they arise, without
    emotionality becoming an issue. IW’s cannot do that, as exhibited
    here. The awards for industrial injury are pre determined, by the
    legislature in every state. If you want to improve the WC system in
    your state… GET OUT THE VOTE. know who you are voting into
    office, and how they stand on all issues, not just gay marriage.
    There is an election coming up in about 90 days/November….if you
    don’t take the opportunity to voice your wants/needs by casing a
    ballot… shut up.

    #20521

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