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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
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This is regarding a Work Comp case. My father was the victim

Customer Question

This is regarding a Work Comp case. My father was the victim of an explosion. He sustained a closed head injury, amputation of his leg above the knee, part of his left hand, and PTSD. The case resolved by stipulation and award for 100% disability. But the stipulation was botched. The attorney did not include language indicating defense would pay retro benefits owed to my father totaling nearly $100K. He allowed the payment start dates to be changed on the stip. The lawyer used a higher pay rate to to calculate his fee and a lower rate to calculate my father's award. He claims that we stipulated to medical report that says my father need minimal future medical care, which we did not agree to. He has been angry and aggressive during our meetings with him.
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

Customer: replied 9 months ago.
I want to file an action against this lawyer based on what I mentioned above. Will a plaintiff lawyer take this type of a case?
Customer: replied 9 months ago.
I received an email indicating that you answered my question but I don't see it on this website. Will you please re-send your answer. Thank you.
Expert:  Dwayne B. replied 9 months ago.

It will be hard to find a lawyer that will take the case on a % basis since so much of it is based on what each of you said with little of it in writing.

You will want to look for a lawyer that does legal malpractice, you can find a list of them at www.lawyers.com and in the Area of Practice section enter "Legal Malpractice".

They may have you start with filing a complaint with the State Bar but some lawyers don't like to do that first and you don't want to take that route until you know what your lawyer's plan of action is. If you file with the state bar then many lawyers won't take the case after that because you may have already put something in the documents that hurts your case, even though you don't realize it.

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