If I seek new council, would I owe this attorney any money? 3 Answers as of August 31, 2017

I got into a car accident on the job delivering parts for continental car. I got rear ended. Injuries were two 4-6 mm herniated discs in my cervical spine and my lumbar spine. This happened in August of last year. I finished physical therapy about 6 months ago. I am still in pain. Bills total over $30,000. Finally, I got an offer from worker's compensation for 3% total loss of use. Also, I got in an offer from the personal injury insurance of the driver. Lawyer won’t tell me via email what it is though because he said he wants to go back to worker's compensation insurance first, and then have me come into office to discuss options and sign paperwork. Problem is that the WC adjustor hasn’t responded to my attorney in almost 2 months. I feel like something fishy is going on. I am not satisfied with the tenacity my attorney is showing. I understand that the more I get, the more he gets, but it doesn't seem like he cares that much. He has allegedly filed a motion for trial already.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Some thoughts: 1.) You absolutely owe your present attorney a fee. If you fire him, he will get a portion of BOTH cases. This does NOT cost you more money but it does make it more difficult for you to find a qualified attorney so think twice. That said, it is always your right to fire counsel, at any time. My suggestion is that you learn whether a UIM claim has been filed with your employer's insurance and, if not, to find another attorney willing to represent you before you fire him. 2.) You are responsible to repay EVERYTHING that WC paid or will pay (medical, TTD, permanency) from the Defendant's policy on the auto claim. 3.) If you still have pain, why do you want to settle? 4.) If you really have two, unoperated herniated discs, the value of the WC claim is at least 15%MAW. 5.) If you need surgery, why not have it NOW so you can be paid TTD during your recovery. PT for more than 4-5 months is a waste of time. If PT makes you feel better but your symptoms return or get worse within a few weeks of stopping PT, you need surgery. 6.) If the correct diagnosis is "herniated" discs and the PI Defendant has less than $300,000.00, your attorney needs to make an underinsurance claim against the general liability policy on the car you were driving. That probably carries a $1,000,000.00 policy. 7.) Your attorney CANNOT settle the PI claim without the WC carrier's permission. Unless the PI insurance is offering its policy limits, the WC carrier will not give permission.
Answer Applies to: Illinois
Replied: 8/31/2017
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
You may be liable to your prior attorney for the time that he can prove that he spent on your case, but you have a right to fire him if you are not satisfied with his services. He would then normally file a lien for his fees and receive his amount at the end of the case.
Answer Applies to: Illinois
Replied: 8/31/2017
Mark G. Patricoski, P.C. | Mark G. Patricoski
You can always hire a new atty, but other than the communication concern, it sounds like he is well on it.
Answer Applies to: Illinois
Replied: 8/31/2017
Click to View More Answers: