Pet Smart Slip and Fall Injury - Can I Fire My Attorney?
by Charles Brown
I have a lawsuit pending againt Pet Smart for a slip and fall injury over water on the floor.
My first offer by the store would hardly cover my medical expenses, much less the lost wages and time spent going to and from therapy.
Additionally, I had to have surgery to fix a tear and surgery on carpal tunnel which was caused by the fall.
My attorney doesn't seem to want to help me much. My question is, Can I get another personal injury lawyer and fire the one I've got?
That's a good question Charles. The good news is that Pet Smart has admitted fault by making an offer of any kind, therefore the "door is open" for something better. Half the battle is getting a party to accept blame or negligence.
Now, about getting a larger amount from this slip and fall personal injury claim. The difficulty often is that many personal injury attorneys don't push hard for what they consider "small to moderate gains".
For them, their time is better spent moving onto another case or a bigger case. They are already going to get a chunk of your offer. Their portion isn't significantly greater if you get a few thousand more. Yes, they also get more. But, not as much as if they spent there time somewhere else. So, the incentive for them is not always there.
Now, can you fire them? Well, that depends on the contract you signed when you hired them. Many people are so eager to "get going" with the suit, and are sold on the legal sales pitch, that they sign up without taking a good look at the contract.
And, you can bet the contract is in who's favor??? That's right. Just for instances like this.
But, in defense of the personal injury attorneys, they have to have some protective mechanisms in the contract. Otherwise, some people would have them working forever to get "just a little more". There has to be a balance somewhere.
Take a look at what you signed and see what your options are. You may end up paying the first attorneys a chunk and the new attorney a chunk so that whatever extra you get will be a wash.
Then have a "heart to heart" with your current attorney and see what past cases have brought and what you can reasonably expect. Good luck to you. Hopefully you will heal well. That is ultimately the most important.