So unhappy with my attorney. Settled but still have not received $$

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bfriended

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I am so unhappy with the firm that I hired for my auto accident.

I should have known better when my discount attorney had me meet them at the chiropractors office. Although not happy with them and the many times they dropped the ball, a settlement was reached and I signed a release so I could get my settlement.

Now this is where I am really getting frustrated.

So, I signed my release on December 17th, 2014. I was told then that I should have a check in a couple of weeks from the insurance company. After 3 weeks I had not heard anything about a check so I wrote my insurance company on 1-5-15. I received a response the next day stating they spoke to State Farm and a check was going out in that days mail. I followed up the 9th as my experience with this firm had been so terrible that "the check is in the mail" seemed too good to be true.

On the 9th they stated "Apparently, they had not mailed out the check and said they needed a hold harmless letter from my office. This is a letter which states that we are holding state Farm harmless and will pay your medical providers. Our word is normally accepted on this but for some reason State Farm decided they wanted this in writing. I faxed/mailed this letter out today and the check is supposed to be sent out today"

Another example of my firm dropping the ball.

So on the 15th I write them stating I apologize to be a pain but could you please find out why we still do not have a check. Nothing from them in regards to my case and I am getting upset now, so I write a letter stating I need a check of I am declining the settlement and hiring a different attorney. Amazingly I get a response the same day. They wrote me "I heard back from Alicia at State Farm who informed me that they have everything they need and a check will be mailed out today from their Charlottesville office."

What? No explanation this time about what the delay was, but I am being told a third time "the check is in the mail".

I know some states have laws that say the settlement has to be paid out in a timely manner. Does Arizona have a law like that? Can I decline the settlement at this point as it has been over 30 days and I still have not received my money?

My firm has admitted MANY mistakes during this process. Do I have any recourse against my attorney for doing a bad job representing me? Causing delays, etc?

Thanks for your help in advance. I generally am very easy going. My attorney has caused me more stress than being hit by the drunk driver though...
 
If you're injured in any accident, seek medical care only from a professional licensed to practice medicine (a DO or an MD), a licensed dental surgeon (DMD or DDS), a psychologist (Ph.D.), or a psychiatrist (again an MD or a DO)! I'd avoid a chiropractor. Why? Insurance companies tend to scrutinize the treatments proved by DC practitioners, thereby scrutinizing and often delaying your claim.

It's also statistically proven that accident victims who retain an attorney receive at least two to three times (often much, much more) the payout as people representing themselves.

Essentially, you don't want a cheap or discount attorney any more than you want a discount physician, accountant, plumber, painter, gardener, maid, babysitter, day care provider, or mechanic. You want good, maybe the best, never the cheapest, as the sole differentiator.

I suggest you take all of your documents and visit a couple more GOOD attorneys. Ask them if you can change attorneys ths deepin the game. If its possible, and want one, he or she will make it so.
 
If you just signed a month ago, you are about on par to receive the check soon. Your attorney does not control when this happens as they do not cut the check and you are way under the timeframe for which an attorney would need to take action against a non-compliant insurer. If you already signed the settlement, no you can not go back and undo it because you now regret it. Changing attorneys does not change that.
 
Agree; since you signed for the settlement, that is what you get. You need to hold for the check.
 
If you don't get check as promised soon, you can have your lawyer send another time deadline that if not paid within two weeks, the settlement agreement is no longer valid, and you possibly can get out of the settlement and seek other local legal counsel.
 
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