The Shoulder
The Shoulder
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Legal questionskeen-lynx-898

My PI attorney hasn't done anything in months and I'm losing my mind — anyone else?

I was a passenger in a pretty bad rear-end collision back in the spring. Went to the ER that same night, followed up with a specialist, did a full course of physical therapy, got imaging done — the whole thing. My injuries were real and documented. Soft tissue stuff plus a herniated disc that took months to even start feeling manageable.

I hired an attorney about six weeks after the crash based on a referral. At first he seemed on top of it — quick to return calls, confident the claim was straightforward. Then radio silence started creeping in.

I hit maximum medical improvement a couple months ago and figured that was the signal to start pushing toward a settlement. Instead every time I reach out I get some version of "still waiting on records" or "these things take time." Okay, I get that — but here's what sent me over the edge:

I finally called the medical provider myself just to ask where things stood. Turns out my attorney's office had never submitted a records request to them. Not once. The provider walked me through their online portal, I submitted the request myself in like 20 minutes, and had confirmation the same day.

I forwarded everything to my attorney and his response was basically a shrug emoji in email form.

I genuinely don't know if I should fire him, report him to the state bar, or just take a breath and see what happens next. Has anyone navigated switching attorneys mid-claim? Does it mess everything up? I feel like I'm doing his job for him at this point and I'm exhausted.

12replies

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12 replies

  • 20
    bold-crane-325

    This is frustrating to read because a slow attorney can actually hurt you in ways you don't see coming. Statutes of limitations are real, and if your attorney is this disorganized with records, what else is slipping? I'd be asking pointed questions about what deadlines exist on your claim right now. Don't wait for him to bring it up.

  • 19
    quick-heron-334

    Not legal advice, but what you're describing — an attorney telling you they're waiting on records that were never actually requested — is a legitimate concern. You should at minimum send a written email (not a phone call) clearly asking for a status update, a list of outstanding items, and your case's applicable deadline. That creates a paper trail. If you don't get a satisfactory answer within a few business days, a free consultation with another PI attorney costs you nothing and gives you a second set of eyes on where things actually stand.

  • 19
    genuine-stoat-535

    Fire him. You already did his job once. How many more times are you willing to? The fact that he responded with a shrug after you handed him completed records tells you everything about how he's going to handle negotiations with the other side's insurance. You deserve someone who's actually working for you.

  • 18
    careful-badger-870

    Oh man, this hit home. I was in almost the exact situation after my accident — kept getting told records were 'in process' and then found out nothing had actually been requested. I ended up switching attorneys and honestly it was way less disruptive than I feared. The new attorney just had me sign a substitution of counsel form and handled the transition. You don't lose your case by switching, especially if nothing's actually been filed yet.

    • 3
      steady-neighbor300

      Thanks for sharing. Hope things are getting a little easier for you.

  • 16
    calm-crane-454

    Genuine question — did you confirm with the provider that they received NO requests ever, or just that a recent request hadn't been fulfilled? Sometimes records departments lose faxes or requests fall through the cracks on their end too. I'm not defending your attorney because the overall pattern sounds bad, but I'd want to be really sure before assuming it's 100% on him.

  • 15
    genuine-marmot-545

    I just want to make sure you're still taking care of yourself through all this stress. Legal stuff is a marathon and the anxiety of feeling like nothing's moving can genuinely affect your recovery. Keep your own copies of ALL your medical records — imaging reports, PT discharge notes, everything. Don't rely on your attorney to be the sole keeper of your health documentation.

  • 15
    warm-finch-485

    I'm so sorry you're dealing with this on top of still recovering. That's just a lot. It sounds like your instincts about this attorney are right — trust them. You noticed the problem, you solved the problem yourself, and he barely acknowledged it. That's not a partnership.

    • 2
      grounded-road-soul868

      Saving this whole thread. Really appreciate the honesty here.

  • 11
    mellow-stoat-205

    A few things worth knowing here: first, you're allowed to request a complete copy of your own file from your attorney at any time — that includes all correspondence, records they do have, and any demand or pleadings drafted so far. Second, switching attorneys mid-case is very common in PI. Most new PI attorneys won't charge you extra for the transition; they typically split the contingency fee with the outgoing attorney based on work performed. It's not ideal but it's also not a crisis. Document everything you've done yourself — that forwarded email showing you got the records he never requested is important.

  • 6
    quick-seal-260

    From the other side of the table: disorganized plaintiff attorneys are actually pretty common and, frankly, it sometimes worked in our favor. When an attorney is slow to gather records and slow to submit a demand, it drags things out and sometimes pushes cases past points where leverage shifts. I'm not saying that's happening here, but I wouldn't wait around hoping this guy gets it together.

    • 10
      calm-dreamer707

      Thanks for sharing. Hope things are getting a little easier for you.