Can I have a personal injury case from an auto accident?

In pursuing a tort (civil wrong) case, you must prove ALL of the following: 1) that there was a duty owed to you (such as obeying the traffic laws), and 2) that the defendant breached the duty, and 3) that you suffered an injury which caused you damages, and 4) that what the defendant did or failed to do was a direct cause of your injuries. Any one of those things which is answered NO ends your case.

Write your story in detail and send it to the State Bar. Wouldn't hurt to do so (malpractice). Maybe you can get a second attorney to go after the first one. Keep trying.

First, your lawyer absolutely has no duty, nor any ability to ensure that your doctors notes are accurate. That is the doctor's responsibility, and it would cause enormous problems for your case if the lawyer attempted to do this. It would antagonize the doctor, and the doctor is likely to note in your chart that your lawyer has called asking that he put certain things in his notes. This would be used against you by the other side. Preparation for the deposition may have helped, but I have found that all of the preparation in the world often cannot avoid the problems you describe. You might be able to ak a few practice questions, but it is impossible to ask all of the questions that you will be hit with. Listen to the question and tell the truth are about all you can say. In the end, the strength of your case depends on whether your doctor will say that the problems you have after the accident were caused by the accident, and to the extent that the doctor can articulate why your symptoms are from the accident and not your pre-existing impairment. If your doctor cannot do this, then the case is weak. If all of your treatment is chiropractic (which you do not specify) then this hurts as jurors are generally skeptical of chiropractors as expert witnesses.

As a postscript, every time you hurt your neck or back it probably exacerbates old injuries. Most chirps will tell you that, and it is true. But to find a way to tell it to a jury who will believe it it is something else. You cant really prove it normally except with MRIs and ex rays and other diagnostic dev ices. Most chiros don't use those devices at all. if they think you have a problem that justifies use of those devices they normally refer you to a neuro or ortho.at best you have a very messy case. at worst you have a case that is not likely to prevail in a court setting. If you have a chance settle the case for whatever you can get and get on with your life.

It certainly sounds like your lawyer fell down on the job. Whether or not that rises to the level of legal malpractice is not clear. I believe a lawyer should prepare a client for a deposition. The State Bar even has a video we can ask clients to review before a deposition. At the same time, I don't know of any obligation on the lawyer's part to see that some health care provider has records kept by a prior provider. The doc should have requested them from your prior provider, very likely but did the doctor know you had previous treatment? Did he or she think that review of the prior records was unnecessary? (It might have been.) During a deposition, since all those in attendance are human beings, with much the same interiors, you could have asked for a break just as your lawyer, or anyone else there, could You might want to consult a skilled legal malpractice lawyer.

I am sorry you are having issues with your attorney. As the Plaintiff in an injury lawsuit, you are required to sustain the burden of proof that your injuries were more likely than not caused by the defendant. It is the lowest burden in the justice system. If your doctors are not supporting your case, then it makes it very difficult for your attorney to meet the burden.

First, you can hire a new lawyer at any time. Second, you still may have a good case if you can convince the jury that the car accident either (i) caused new injuries or (ii) worsened prior existing injuries. Your chiropractor and other doctors can help with that. An MRI is probably a good idea, too, and there are facilities in Las Vegas which will perform one on a lien basis, meaning that you pay them out of the proceeds of the case.

When you are in a car crash in Michigan your own insurer should pay for PIP benefits, which consist of any wage loss (@ 85%), any medical bills for treatment, testing, transportation, etc. that is directly related to injuries suffered in the crash and for people helping do your tasks/chores if your doctor disables you from doing them due to injuries from the crash. Usually those benefits are voluntarily paid, but an insurer can question whether your injuries/treatment is caused by the crash or by other factors (other injuries, other incidents, pre-existing conditions, etc.). You may sue the other owner/driver if they were @ fault for the crash and if your medical treaters will support that you have a serious impairment of body function and/or permanent serious disfigurement. Since you have a lawyer and were deposed you do have a suit pending. I didn't see you mention whether it is a PIP suit against your insurer for No Fault Benefits (PIP) or is a 3rd party suit against the other vehicle owner/driver for pain & suffering? In any event, unless your doctors/medical evidence shows a relation to the current crash, you will have a hard time winning either such case. In terms of client prep., it is preferred that the attorney would meet with you and go over the facts of the crash, go over your injuries/medical treatment/testing, go over your pre-existing injuries/conditions/incidents before you are deposed. It is also preferable that your attorney would advise you of the general types of questions/areas to be questioned before you dep. Your attorney/as well as the questioning attorney should have advised you not to guess @ any answers and that if you needed a break during your dep. that you could take one. However, telling the truth is what is most important and as long as you did that, then the case should be able to be properly resolved. You should understand that not every case is going to be won and a variety of factors go into each case. It sounds like in your case, the question is what do the old and new medical records/tests show and what opinions do the doctors have as to what extent the recent crash caused you injury. Your insurer, the other vehicle, are only responsible for whatever injuries/disabilities/losses were proximately (ie: actually) caused by the crash in question.

Wow, there is a lot to cover here. In New York it is not true that you have to show that the injuries were due solely to the accident. I don't know what state you are in. It's not the attorney's business to tell the doctor what should be in his notes. Yes, the chiropractor should have noted that this was a new injury and the other doctor should have noted that you had prior treatment, but I think it's too late to do anything about that now. An attorney should always brief the client in advance of the deposition. Three hours is not uncommon, depending on the complexity of the case, but you could have requested a break at any time. I don't know if your case can be salvaged, but you could pay for a consult with a new lawyer to see if anything can be done.

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