QUESTION
After Dr. clears you from therapy but have to return for migraines is case still good?
Asked on Oct 03rd, 2012 on Personal Injury - Michigan
More details to this question:
Dr. cleared me for my hip and back two weeks ago, now my attorney dumped me. But I was told by my Dr. that I am still in his care and I am having severe migraines and have scheduled another appoinment. My attorney did nothing right after my cat scan did not produce broken hip. Sure enough he called "Im sorry our firm won’t be, bla bla bla !" you know the rest, Is my case still salvageable? It’s a slam dunk. Photos fire rescue, ambulance, emergency room, hospital, tripped over electricity cord attached to coke machine at gas station. Pictures show the cord ripped out of wall by force of fall. Pictures of them attempting to fix at 10pm.
7 ANSWERS
Ronald A. Steinberg
Hire another lawyer, immediately. The lawyer, if experienced, will be able to tell you if the case can be salvaged. If you are still having pain (head aches or aches anywhere else), and if there are still objective symptoms of the injuries (verifiable findings that support your complaints), then the case is still good. If you are complaining and no one can or will support your complaints, then the insurance company (and maybe the jury) will just think that you are trying to milk the case.
Answered on Oct 08th, 2012 at 9:54 AM
I am not sure what the facts of your case are or when it happened. If you were injured and fault can be proven then the fact that you have migraines does not impact the value of the case. When an attorney declines representation there is nothing that prevents you from getting a second, third or even fourth opinion as to the probability of success and the value of your case.
Answered on Oct 08th, 2012 at 9:53 AM
It sounds like damages are the issue.
Answered on Oct 07th, 2012 at 1:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't know. You have not explained how the gas station was negligent. Plugging in a coke machine normally would not constitute negligence. On the other hand, if the chord was placed in such a way that it is foreseeable that someone would trip, your case might be salvageable. I am almost certain that this is no slam dunk, however. You'll only know if you take it to another attorney.
Answered on Oct 07th, 2012 at 12:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a slip and fall case. nobody likes those cases. You have to prove negligence and you have to prove you are not negligent (they will say the cord was open and obvious, that you should have seen it and avoided it. therefore you are partly responsible) and they will offer you nothing. Your lawyer does not like the case. does that tell you something? Why would a lawyer reject a clear case? he wouldn't. get you a lawyer you trust and try again. be wary of the open and obvious rule. It's a killer in a slip and fall case.
Answered on Oct 07th, 2012 at 10:53 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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At least you should get a second opinion.
Answered on Oct 06th, 2012 at 12:18 AM
Just because ONE ATTORNEY doesn't want to handle your case that does not mean it's not a winnable one. Attorneys take cases based on many variables. Maybe this attorney didn't want to put in a lot of work. Simply SHOP your case around. If SEVERAL attorneys don't want your case then probably i's not a valid one. CALL the lawyers on this site as a start. Good luck.
Answered on Oct 06th, 2012 at 12:00 AM