Havilah, CA Personal Injury Law Firms & Lawyers

Let me get this straight: they used anesthesia. She was afraid of the noise, so you made them use more. Now you want to sue them because it swelled up, with the consequential results. If it were possible, your daughter should sue you.

It is a bad sign that you're already having a communication problem with an attorney at such an early stage of your relationship.  One of the most important aspects of an attorney-client relationship is a two-way line of communication.  If an attorney does not return phone calls, reply to letters or otherwise fails to communicate with the client, they are not fulfilling one of their most important duties as the client's attorney.  Failing to be able to communicate with the attorney at the beginning of a relationship is a sign that the client could have trouble communicating with the attorney in the future, and possibly for the duration of the matter for which the attorney was hired. An attorney-client relationship is not formed until both the client and attorney have signed the retainer agreement.  It sounds like you do not know if the attorney has executed the retainer agreement.  Whether the attorney has signed the agreement or not, a client has the right to discharge an attorney with whom there is a contingency fee agreement at any time for any reason.  A discharged attorney who does has valid attorney-client  relationship would have the right by asserting a lien to seek payment of the reasonable value of his/her services before they were discharged.  For that reason, a disatisfied client is better off finding a new attorney sooner rather than later.  The longer the client waits, the more work the discharged attorney will perform on the case and that will lead to a larger fee that the discharged attorney will seek out of the client's eventual recovery.  One of the things that attorneys who are being asked to take over a case consider is how much of the "attorney's fee pie" is going to be split with other lawyers.  Logically, the larger the piece of the attorney's fee pie other attorneys are going to want, the more difficult it will be to find a new attorney to take over the case. There could be a variety of reasons why the attorney has not returned your phone calls.  Perhaps the attorney's office is going through some significant changes because of the COVID19 virus.  On the other end of the spectrum, it could be that the attorney doesn't prioritize returning phone calls.  It's difficult to speculate why the attorney has not returned your calls, but you have valid concerns that need to be adressed ASAP.  If you decide to give the attorney another chance to return your call and you get a response, be sure to advise the attorney that you did not appreciate the delayed response. If you have reached the end of your patience, look for another attorney who values the importance of timely and regularly communicating with the client.              

Sure, your homeowners insurance covers you/family members for liability/negligence. Turn over any claim to the insurer and they will respond and defend at their cost. If the other party can prove fault, proximate cause and damages, then your ho insurer will also pay any settlement/verdict up to the limits of liability you purchased. That's one of the reason you purchased HO.