"Truth never damages a cause that is just." - Mahatma Ghandi
Can I Change DBA Attorneys?
My office gets calls from folks who wonder if they have hired the wrong lawyer to handle their Defense Base Act case. They ask if they can do a Defense Base Act substitution of attorneys or, they ask, Can I change DBA Lawyers?
The short answer it is rather easy to change Defense Base act lawyers.
Winning With the Truth
I tell people all the time, you have to be honest when pursuing a DBA case. The Judge will not be happy with you if you get caught in a lie, even if it seems minor and insignificant, the ramifications to your case can be devastating. This also includes being honest with your attorney, and even yourself. If you aren't happy with your current representation, you aren't alone.
The only way you are going to be able to achieve a good settlement (or stipulation, which, in essence, is a type of settlement) is by the DBA insurance company knowing that you have the ability to win.
If you really want to know what it takes to win, check out my book, Win Your Defense Base Act Case. I wrote the book to help folks like yourself navigate the complexties of a DBA claim, even if I couldn't take their case. I will send you the book for free and cover shipping.
Having the ability to win plays out on several levels, it is many things. You have to the evidence needed to win, you have to have credibility, you have to have the legal basis and you have to have an attorney that has the skill, knowledge and perseverance. When you have all of that, then you are going to get a chance to settle your case for a fair amount.
For example, recently we had a DBA worker contact our office and ask us if the settlement he had already signed was fair. We had him send us the settlement agreement, his medical reports and wage records and it was quickly apparent that the settlement was not even close to fair. In essence, he settled his case for at least $100,000 less than he should have. And it was probably much more. So we told him that.
He had hired a lawyer that was not a seasoned DBA lawyer and his lawyer had been taken to the cleaners by a DBA lawyer that my office has had cases against for years. So we told him that he should “rescind” the settlement agreement before it was approved by the Department of Labor.
In his case, he had good evidence, the law, and credibility. What he didn’t have was the right lawyer. Having the right lawyer can make all the difference in your result.
You aren’t going to get a do-over. Fact is, it is better to change horses in mid-stream than stay mounted on a drowning horse. It is actually pretty easy to change Defense Base Act lawyers. All you have to do is sign a substitution of attorney form. And, the Defense Base Act insurance company is going to pay your former attorney, not you.
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