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  1. #1
    Join Date
    Feb 2021
    Posts
    1

    Default Texas Comp. Law

    Good evening everyone. I am posting this for my brother-in-law who was injured almost three years ago in Texas.

    At the end of July in 2017 my brother-in-law was badly injured in an industrial construction accident in Texas. The injury left him paralyzed from the chest down. Even though he was alert and talking when he got to the hospital and even signed all his consent forms the doctors put him in a coma and left him in one for 37 days. We asked why they did that when his head injury was minimal and they have not given us an answer on that. By the time they brought him out of the coma to do surgery on his back it was too late to fix his pinched spinal cord.

    He hired a lawyer that is licensed in Texas but is based in Baton Rouge, LA, At first the lawyer was working good with and was helping my brother-in-law the help he needed but that ended after about a year.

    In October 2019 my brother-in-law was diagnosed with cancer. He called his lawyer to tell him and his lawyer told him his injury needed to be three years old before he could collect a settlement. My brother-in-law wasn't asking about a settlement. Since that call the lawyer has had no contact with us. We have left messages, they haven't called us back. We have sent emails and they have not responded.

    What exactly can we do if the lwayer won't have any contact with us?

    Thank you.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,189

    Default Re: Texas Comp. Law

    In October 2019 my brother-in-law was diagnosed with cancer. He called his lawyer to tell him and his lawyer told him his injury needed to be three years old before he could collect a settlement. My brother-in-law wasn't asking about a settlement. Since that call the lawyer has had no contact with us. We have left messages, they haven't called us back. We have sent emails and they have not responded.

    What exactly can we do if the lwayer won't have any contact with us?
    File a grievance with the State Bar of Texas - call the number below if you have questions.
    It wouldn't hurt to first inform that lawyer of your intentions to afford him a chance to redeem himself.
    Also, start looking for a new lawyer, there are plenty to choose from in Texas - find one that specializes in Worker Compensation.

    IS FILING A GRIEVANCE THE RIGHT OPTION?
    You do not have to be a client to file a grievance. Anyone can report allegations of professional misconduct or problems with a lawyer. Please see the Attorney Complaint Information brochure for answers to common questions about the grievance process (English - Spanish). If you have questions about the grievance process, call the Grievance Information Helpline at (800) 932-1900.

    EXAMPLES OF LAWYER CONDUCT THAT MAY VIOLATE THE DISCIPLINARY RULES:
    The lawyer does not return client phone calls, emails, or letters.
    The lawyer failed to appear in court or has missed deadlines.
    The lawyer refuses to return a client’s file after a request is made.
    The lawyer seems to have a substance abuse problem that affects his/her ability to practice.
    The lawyer has not paid the client’s part of the settlement after the case has settled.
    https://www.texasbar.com/Content/Nav..._Grievance.htm

    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.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,809

    Default Re: Texas Comp. Law

    Donny, he needs to find a new lawyer, and fire that one. Try to hire a new one who seems to actually give a sh** about his clients.
    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

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