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  1. #1
    Join Date
    Dec 2012
    Posts
    59

    Default Attorney Refused to Take My Case

    I took everyone's advice and contacted an attorney. I gave the attorney my MRI results, doctor's reports and the denied paperwork from Insurance company. When I meant with the attorney she thought I had a good case and the MRI's showed I am hurt and the doctors reports stated injuried at work.

    Long story short, I received a call from the attorney after she had talked to another attorney at the firm and their recommendation is for me to spend $2,000 to see two doctors they know. Without me seeing the doctors they believe the case would be difficult because of my age and pre-existing conditions.

    I don't have the money to see these specialist at a $1000 each. One doctor for my neck and back and the other for my right shoulder.

    The attorney mentioned maybe I should file for Social Security Disability, because I am in such bad condition!!!!

    What should I do at this point? I have been refused to see any doctors or get any medications from the IC. Does anyone have an idea what to do next? What options do I have at this point? I am no longer employed and have no insurance.

    Is this normal for attorneys? Thank you in advice for your your suggestions and help.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Attorney Refused to Take My Case

    if you can't afford any money for supporting medical evidence you can still file an appeal on your own.
    in the meantime contact your state and county social services, for emergency relief and aid.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,808

    Default Re: Attorney Refused to Take My Case

    Workers' comp attorneys work on a contingent fee basis. If they cannot win your case or get it settled, then they don't get paid for their work. If they don't think you have a winnable case or one that they can get you a decent settlement on before trial, then they have to turn it down. In a contingent fee arrangement, all of the financial risk of the representation is on the lawyer, not the client.

    They cannot afford to work for free any more than you can.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Attorney Refused to Take My Case

    Complwyr,
    I understand no one wants to work for free, absolutely wouldn't expect anyone services without receiving compensation. However if they have doctors they believe will back up my claim that my injuries to neck, back and shoulder was made worse from my fall at work why would they not at least wait to see what the IME report states and why they feel injuries is pre-existing?

    My doctor has stated the fall has made my pain and lack of range in motion is from the fall. I am asking someone if they know of a good WC attorney in the Phoenix Scottsdale area that would at least pursue my claim.

    I am over 50 and anyone that's been active in their life will suffer from aches and pains. Any suggestion or who to contact for help would greatly be apreciated. I am in major pain and have a hard time putting on clothing or even sleeping because of the pain.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,808

    Default Re: Attorney Refused to Take My Case

    Anyone over 50 also has a significant amount of DDD going on in their spine, too, especially if they have been active or worked at physical labor during their life. I think those lawyers did not want to risk either their money (the IME costs and other expenses) or their time (the contingent fee arrangement) on your situation because they did not think you had a very strong case.

    Talk to some other workers' comp lawyers. Someone else may well have a more optimistic view of it.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  6. #6
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Attorney Refused to Take My Case

    if you want to try other attys here's link to the state bar specialty list.
    it's a few months old but a place to start
    http://www.azbar.org/media/94246/wor...n_10-19-12.pdf

  7. #7
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Attorney Refused to Take My Case

    Apply for SSDI as soon as possible, don't delay.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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