QUESTION

What recourse can I do if you are dissatisfied with the results of a previous personal injury lawsuit?

Asked on Sep 03rd, 2012 on Personal Injury - Michigan
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14 ANSWERS

Personal Injury Attorney serving Rosemead, CA at Mark West
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The answer depends on many factors. There are timing issues as there are statutes of limitations which control the time within which you have to take action. Were you represented by an attorney? Was there a settlement? Was there a trial and judgment? Sometimes there is no relief for "buyer's remorse" after a settlement has been reached and settlement and release agreements signed.
Answered on Mar 19th, 2017 at 5:52 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If the case has been settled there is no recourse. If it went to trial, you have 10 days to appeal. After that, there is no.
Answered on Jun 28th, 2013 at 12:36 AM

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It all depends on the settlement documents you signed.
Answered on Jun 28th, 2013 at 12:36 AM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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None, if you settled?
Answered on Jun 28th, 2013 at 12:29 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If it is over it is over. You can appeal but after the appeal deadline it is all ancient history.
Answered on Jun 28th, 2013 at 12:26 AM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
File an appeal.
Answered on Jun 28th, 2013 at 12:26 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Generally speaking, judges and courts to not reverse jury verdicts just because a different jury could have reached a different result. There has to be a major error that occurred that warrants you getting a another chance in your personal injury case. Assuming that you are only dissatisfied with the result of your personal injury lawsuit and not with you attorney, assuming you had one, then your primary options are to file a Motion for New Trial or appeal. While there are a couple of other motions you could file, they are limited in scope and usually would not apply when the issue is just that you think the finder of fact, either the judge or jury, got it wrong. A Motion for New Trial is basically asking the trial judge to disregard a judgment. Nebraska statutes list various reasons why a judge should order a new trial, such as "that the verdict, report, or decision is not sustained by sufficient evidence or is contrary to law." Generally, absent special circumstances, a motion for new trial must be filed ten (10) days after the judgment is rendered. The most common "recourse" if a person is unsatisfied with a judgment is an "appeal." An appeal is basically a request to a higher court that there was some significant error that occurred in your case or trial that warrants a reversal and either reaches a ruling in your favor or gives you a new trial. Generally, an appeal must be filed with thirty (30) days after the judgment is rendered. If you timely filed a Motion for New Trial, you get 30 days to appeal from the date your motion for new trial is overruled. If you are still within the time limits mentioned I would either file a motion for new trial or appeal. If you are outside these time deadlines, you may want to consult with an attorney to see if your case may fit within an exception to these deadlines. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer be
Answered on Sep 12th, 2012 at 11:55 AM

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Insurance Coverage Attorney serving Morgantown, WV
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Attorneys, paralegals and other legal professionals have a duty to act with integrity and care when handling matters for clients. If your lawyer mishandled your case through negligence or inaction, or engages in deliberate misconduct, you do not have to sit by passively, suffering the losses in silence. Contact the Robinette Legal Group to find out where you stand. From our office in Morgantown, we represent individuals and business interests throughout West Virginia who have suffered financial damages resulting from legal malpractice. What is Attorney Malpractice? Professional malpractice involves the breach of a standard of care required by the profession. For attorneys, this may mean a failure to represent you properly missing a court deadline, for example, or failing to conduct proper discovery to prepare your case effectively. Sometimes this is due to inadvertence or lack of skill; it may also be a result of substance abuse by the attorney. Either way, it's not an excuse for attorney malpractice. We are here to seek redress for you. Morgantown Professional Negligence Attorney Proving a case against an attorney or law firm can be difficult. But our law firm has the knowledge and resources to fully investigate the relevant issues and prepare clear evidence to support your claim for compensation. In many cases, we represent clients on a contingency basis. You will pay attorneys' fees only as a percentage of the amount of money we reclaim in damages.
Answered on Sep 12th, 2012 at 11:39 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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Well, if you received either a settlement or judgment, there is no recourse for being dissatisfied. If you believe your attorney committed malpractice, then you should consult another attorney who is an expert at litigating attorney malpractice cases. Dissatisfaction alone, of course, is not grounds for any action.
Answered on Sep 12th, 2012 at 11:37 AM

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Ronald A. Steinberg
It depends. If the result was due to lawyer negligence, you could try to push a legal malpractice case. However, from my personal experience of 42 years of being a trial attorney, the following is generally true: 1) Many clients have unreasonable expectations, and cannot understand that they may lose. 2) Many, if not most, clients make absolute terrible witnesses, and juries do not like them. 3) Most clients do not provide the lawyers with all of the information, or all of the truth, when they are initially interviewed, and that in the course of working a case, when the truth comes to light, the client's case is not as strong as they think it is. If the lawyer gave you representation which was appropriate, then you are going to be hard put to blame him/her for a result that you don't like. We are only obligated to do our best; no one can guarantee a result, and only a foolish lawyer would even suggest that they can. I have won cases and couldn't understand why I did. I have lost cases and could not understand why I did. Sometimes, bad stuff just happens. But, in most cases, the 4 "truths" I set out above do apply and do explain the result.
Answered on Sep 12th, 2012 at 11:36 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Depends what you mean by "results". If you signed settlement papers, then probably nothing. If there was a court action, such as a dismissal or a verdict, then there could be a possiblity of appeal. But, the time limits for filing appeal papers are very short, so you'd need to find out and act on that quickly.
Answered on Sep 12th, 2012 at 11:35 AM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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If you think that your lawyer mishandled the case, you should contact a legal malpractice attorney immediately. In Michigan, the statute of limitations for bringing such a claim expires two years from the date on which the lawyer discontinued serving the client as to the matters out of which the malpractice arose, or six months from the date the client discovered or should have discovered the possibility of a claim, whichever date is later. On the other hand, if the trial court dismissed your case or a jury found in favor of the other party or an appellate court found in favor of the other party, there are even shorter deadlines to seek appellate review of those events. Without knowing what happened in your case, I can't tell you which deadline applies and would need more information. My firm and I regularly handle legal malpractice cases, but will count on you to contact me directly if you would like to discuss it further.
Answered on Sep 12th, 2012 at 11:31 AM

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Personal Injury Attorney serving Boston, MA
2 Awards
If you signed a release to end your previous claim, then you are done. There really isn't anything you can do, unless you can show something very fraudulent, and I doubt you would have any luck with that. You are under an obligation to read and understand what you are signing and agreeing to. The purpose of the release is to have a resolution and finality to the claim.
Answered on Sep 12th, 2012 at 11:29 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Not much. If you agreed to settle, that is voluntarily. If you lost a trial or by dismissal, then only if you attorney screwed up to the point of malpractice.
Answered on Sep 12th, 2012 at 11:28 AM

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