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Problem Cases in Workers' Compensation and Injury Claims

Burdine & Brown Jan. 23, 2020

Sometimes I take a new client whose case seems to be complicated and it presents more than the usual challenges or litigation. My office staff asks me why do I do so?

First of all, if the client tells me the truth, without embellishment and the facts fall within the law, I can deal with the complicated legal issues. I am reminded of a quote from Albert Einstein: “It's not that I am so smart, it's just that I stay with problems longer.”

But there does come a time when my advice is not taken by a client. That is fine. The client, after a session when we try and communicate our differences, may still not agree with my advice. Then it is time to find another lawyer.

Georgia law does allow every injured person, in auto accident cases, workers' compensation claims or even in Social Security Disability claims, to fire their lawyer and hire another one. The first lawyer cannot withhold your legal file. The first lawyer cannot demand payment when fired. That lawyer must wait until your case settles. In workers' compensation cases, the first lawyer may seek any fees from the second lawyer after settlement. In automobile accident cases it is a little more involved.

The freedom to hire a lawyer comes with it the freedom if parties do not see eye to eye. Just make sure you have a good reason to do so.