Home > Research Legal Advice > Personal Injury > I was a plaintiff in a personal injury trial for elevator doors at workp...
Asked about 1 year ago - Bayside, NY
FlagHave extreme cognitive damage. Accident is on videotape. My atty would not allow my ASSISTANCE and failed to put proper people on witness list. I emailed him every nite and he just WOULD NOT incorporate what I asked him to do. He neglected to bring certain doctors in and let it all fall apart. He kept saying "LET ME BE THE LAWYER." Now I have to appeal and cannot afford an atty. Firm rep'ing me placed me with this "of counsel" 2 months before trial with no prep work involving me. He neglected to bring proper medical records into play. Now, I have lost my job due to performance, being evicted and no place to go. He ignored any input from me. What do I do? Should I file complaint? He lost 2 more trials immediately afterwards. THIS IS URGENT.
If you believe your firm and / or your trial counsel committed malpractice then you need to consult with an attorney specializing in legal malpractice claims as soon as possible. Losing the case,in and of itself, is not malpractice. Furthermore, lawyers don't have to substitute their judgment for that of their clients when making strategy decisions. That being said, there is not enough information to determine if malpractice was actually committed. Further, given the type of injury you've indicated you may want to refrain from further postings. Go see an attorney.
It is always unfortunate to hear that a seriously injured person was not successful in obtaining compensation, but the law does not guarantee you will will, nor can a lawyer. As already noted, and notwithstanding your generalized statements of your dissatisfaction with your attorney, there is a difference between an attorney who fails to do something that clearly should have been done in the prosecution of a client's case, and something that was or was not done for tactical or strategical reasons. You need to sit down with an attorney who specializes in prosecuting legal malpractice actions, bringing with you documents and a detailed factual account, to see if your situation fits into the first catagory as compared to the latter. Good Luck.
Jeffrey I. Schwimmer, Esq.
20 Vesey Street- Suite 1200
New York, NY 10007
(800) 370-3010
I handle personal injury and legal malpractice cases. First, elevator cases can be difficult - they usually involve the building owner and whoever maintains the elevator. The maintenance company's liability can turn on whether if has a full-blown maintenance contract or just get called as needed. You need to establish that the defendants had notice that the doors were not working properly. Sometimes you can use the doctrine of res ipsa in an elevator case. Second, doctors are very costly so I don't think a lawyer is required to call every single doctor a client may wish called. Third, legal malpractice cases are also hard because you must prove that "but for" the attorney's negligence you would have one.
Eric Rothstein
11 Park Place, Suite 1801
New York, New York 10007
Phone: 212-385-8015
Email: Eric@RothsteinLawNY.com
Web site: www.RothsteinLawNY.com
Free consultations by phone or in person
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