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How do I find a lawyer that is willing to take my case to trial?

Lakeland, FL |

I was injured at a timeshare and contacted a law firm to handle my case. They informed me of a conflict of interest and referred me to another firm. It is now a year and thousands of dollars in medical bills later and the lawyer I retained says that the company I am trying to sue does not settle and that he does not have time to take my case to trial. Now I am still hurt and stuck with medical bills that I am unable to pay plus attorney fees. I have a bullet in my neck and am considered high risk for surgery. Is it true that you must have surgery following an accident in order to file a lawsuit?

Attorney Answers 5

Posted

Unfotunately, there are some lawyers who never go to trial and so end up settling all their cases (for too little). You need to find a real trial attorney. Look at the guide on AVVO or go to AmbulanceChasersSuck.com for a book on how to find a real trial atotrney.

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Posted

I am licensed in Nevada, but this answer should apply in Florida as well. I would ask the current attorney if he/she has any recommendations for a Trial attorney. If not, the State/County Bar Associations may have referral services. You can call friends, family member or co-workers and ask them if they have any experience. If all else fails, start making calls to attorneys to see who will take the case.

Hope this helps.

/s Donald Kudler
http://www.capandkudler.com

This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.

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Posted

First of all, no you do not have to have surgery in order to file a lawsuit. If your lawyer has withdrawn, then you need to get a copy of your file materials from that lawyer and contact another lawyer that handles personal injury for a consultation. Most personal injury lawyers are willing to give you a free consultation. If you do this and are still unable to get a lawyer to take your case, chances are your case is weak for one reason or another.

If you would like a free consultation, please contact me through my profile link here on Avvo. I would be happy to review your case with you and give you my opinion.

Good luck!

The answers provided by me in this forum are not to be construed as "legal advice" and in no way should the asker assume that any attorney-client relationship is created by virtue of the answers provided. This is a public forum, therefore, no confidentiality exists.

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Posted

I would suggest that you sit down with the lawyer and see if there is more to it than not having time to try your case. It may be the facts do not support your claim. If so you need to know this. Ask the lawyer about seeking a continuance of the trial date if the current date conflicts with the lawyer's case load. If your lawyer believes you do have a viable case but still needs to withdraw then you should ask for a referral to an experienced trial lawyer. You may want to contact the Florida Justice Association which can refer you to a trial lawyer in your area. The website is floridajusticeassociation.org.

You do not have to have surgery to file suit.

I wish you the best and hope this matter is resolved to your satisfaction.

The information provided by me is not legal advice and should not be considered as such. This information likewise does not establish an attorney-client relationship. This is a public forum and any information exchanged herein is not confidential or privileged.

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Posted

Premises liability cases involving criminal violence are difficult cases which require not only a skilled litigator but a lawyer who specializes in premises liability cases. In all likelihood, you'll probably want a lawyer in Orlando or South Florida. Secondly, you need to have your present lawyer send you a letter that he is voluntarily withdrawing from your case - this is necessary to show that he is not claiming a lien on your case for either fees or costs. Florida law says that a lawyer who "quits" your case cannot claim a lien on your case, BUT if you get another lawyer at this point, few lawyers will see your case as attractive because your present lawyer will have a lien on the case. If he is not willing to go to trial for your case, this is the same as quitting your case. There is no need for an argument with him...calmly ask him for a letter simply stating that he is not willing to go to trial on your case and that he told you to get another lawyer. That should be sufficient. Next, one of the best lawyers in Florida in cases involving liability for criminal acts on private premises is in Miami, is John Leighton, who wrote the leading textbook on the subject. I recommend you contact his office for either representation or for a referral to an Orlando lawyer. Again, the first matter is to get rid of any "lien" on your case from your present lawyer.
Sincerely,
Robert Shapiro
P.S. http://www.leightonlaw.com/
and his email is: John@LeightonLaw.com

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