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My Lawyer is a joke! Can I fire him?

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kburger@pacbell

Junior Member
What is the name of your state? California

What is the name of your state? California

I was injured on 01/02/2002 while at our corporate offices I had a slip and fall that damaged C4-5 and C5-6 along with T7, and L4-5, S1 (some pre-existing injury at L4-5 existed) I missed 5 days of work but then continued back at a regular pace until May 24th 2002 at which time my doctor advised I should stop working or the neck was going to continue to get worse as it has been.

Now 3 years later and with no real resolution to any of the injuries I have been made P&S and a QME has made his recommendations (30% on neck and 12% on back Lumbar) My attorney says it's a "By the book" deal and that he has no control over the closing of my case. Here is the catch, my Work Comp doctor was only interested in managing/working on one injury at a time and WE selected the neck because at the time it was the worse of the three areas. Now we have the neck pain managed some what but his (my doctor) "cure" if I may put it, is for me to have fusion. We have NOT discussed low back or mid back (T7) whatsoever with one exception he had a Nerve Block done last year at L4 which helped a whole bunch for awhile.

I live in constant pain although I have learned to "live with it and try to move on" I asked my lawyer to request an advance last October to pay my 3000.00 SMUD bill during the course of the request my lawyer advised me he was going to be "lucky if I break even on your case" because with the standard settlements what they are now (meaning since our governor screwed the injured worker last year) and all the time I/We already have put into your case I don't want to spend any more time on a case for which I will not make any money from"

OK I know it may seem simple to some of you reading this as to just firing the idiot, but may problem is who or what other lawyer is going to fight for my rights and help me get fixed if he/she are not going to get the full fee? I mean my current guy does deserve to be paid for some of what HIS LEGAL AID has done for my case ( say it this way because he does not do ANYTHING himself, he has a aid do it) but the guy does not deserve the full percentage (whatever it is now) and who else is going to step in at the bottom of the 9th and say "hey I'll help ya for free"

Please help me what should I do?

Oh I should tell you that I pay my own monthly fee to go to a 24hour fitness and use the pool to exercise for which I have lost 10 pounds, made the request to have State Fund pay but have never heard anything, oh and EDD has cut me off I suppose based on the QME report that says I can go back to work (even though I still have no feeling in my hands, and the pain in my neck and back is so bad at times I cannot move, literally)

Again any advice would be appreciated.

Kevin
 



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