LAWYER WON'T COMMUNICATE WITH ME ABOUT MY CASE

Question:

WHAT SHOULD I DO WHEN THE LAWYER I HIRED TO HANDLE MY PERSONAL INJURY CASE WON'T DO ANYTHING OR TELL ME WHAT'S GOING ON WITH MY CASE?  Tampa, FL

Answer by Attorney Keith Taylor:

The failure to communicate with a client is the number 1 complaint against lawyers, followed closely by the lack of competence.  You may be suffering from both in this situation.  Often times lawyers who do not have experience in handling significant personal injury cases take them on, only to find that they are not as easy as they thought.  At times they get to a point where the unexperienced attorney may not know what to do next; and you can guess that speaking with you about their lack of competency is not high on their list of things to get done today.  Sometimes at the early stages of these cases there may be little or nothing to report by way of "progress" of your case, but at a minimum, the lawyer should communicate that fact to you.

Our office is often contacted by people who are frustrated over the lack of action and communication by their other lawyer.  Since these cases are almost always handled on a contingency fee basis, we know that there is certain required paperwork which must be completed by the lawyer and the client at the beginning of the attorney-client relationship, including the signing of a Statement of Client Rights For Contingency Fees.  We will routinely direct the disgruntled client to that Statement where it tells them that they, the client, have the right to ask the lawyer at reasonable intervals how their case is progressing, and to have those questions answered to the best of the lawyer's ability.  This is a Right of the client.  You, the client should remind your lawyer of your right to have your questions answered, and if your lawyer refuses to act or communicate, you should consider whether you want to continue to use the services of that lawyer.  Sometimes it may also be necessary to obtain the assistance of the Florida Bar; the agency which oversees and licenses Florida attorneys.

EX HUSBAND WANTS MONEY FOR CHILD'S INJURY

Question:

CAN MY EX-HUSBAND SUE THE INSURANCE COMPANY OF THE MAN WHO HIT MY DAUGHTER AND COLLECT MONEY FOR HIMSELF?  Butler, MO

Answer by Attorney Keith Taylor:

In Florida, the short answer is typically "no."  I am assuming from your question that you are the person with custody of your daughter and that she is a minor.  Either way, the guardian would be able to pursue recovery on a claim 'on behalf of' your daugther.  Recovery for injuries suffered by your daughter belong to your daughter, however, because of her age, she will require her guardian to pursue such claims.  The claims, however, are hers.  In some instances, a parent of an injured child can pursue a claim for their own losses as well, which may include medical expenses paid by the parent and loss of income caring for the injured child.  The recovery of exceptional damages by a parent of an injured child are limited to significant and permanent injuries to the child.  If you believe your ex-husband is acting in his own interests and not the child's, you should consult an attorney to have this matter more closely evaluated.  Thanks for your inquiry.

SHOULD I SPEAK WITH THE INSURANCE COMPANY AFTER AN ACCIDENT?

Question:

I WAS INVOLVED IN A CAR ACCIDENT AND HAVE BEEN CONTACTED BY THE OTHER PERSON'S INSURANCE COMPANY. SHOULD I SPEAK TO THEM?

Answer By Attorney Keith Taylor:

Of course you should contact your own insurance company as soon as practically possible following an accident. You may be contacted by the insurance company for the other person involved in the accident, which may also be the same company as your insurer, so don't be confused. The other insurance company could contact you for a number of reasons. First, they may have liability for the damage to your vehicle, and this would be covered under the other person's Property Damage insurance. Typically, it is normal to have discussions with the Property Damage adjuster regarding repair of your vehicle and rental. You may also be contacted by an adjuster under the other person's Bodily Injury Liability insurance policy. Typically, you should not speak with this person until you have consulted with an attorney regarding your rights. Many times, this Bodily Injury adjuster will want to 'take your statement' about the crash, and will most often request to record that statement. There is no requirement that you speak with this adjuster, and most of the time, you should wait to do so until you have discussed your case and injuries with a qualified attorney. Likewise, you should not sign any forms or submit anything to the other party's insurance company related to your injuries or medical treatment until you have consulted with an attorney familiar with handling these types of cases.

Understand, however, that under you own policy of insurance, you must 'cooperate' with your company, which may include signing forms and giving a statement.

Insurance law is very complicated, so it is important that you meet with an experienced Personal Injury Lawyer as soon as possible after your accident to discuss your case; your rights and responsibilities. To learn more about Automobile Accidents or Personal Injury, visit our website at www.KeithTaylorLaw.com.