I was a plaintiff in a personal injury trial for elevator doors at workplace closing on my head 2x. Have brain injury.

Asked over 2 years ago - Bayside, NY

Have 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.

Attorney answers (4)

  1. Craig A. Post

    Contributor Level 17


    Lawyers agree

    Answered . 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19


    Lawyers agree

    Answered . 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

  3. Vivek S. Suri

    Contributor Level 11


    Lawyers agree

    Answered . 1st you should preserve your rights to an appeal by filing a Notice of Appeal. Without reviewing your file, it is difficult to answer your question.

    The above answer is only for information. This answer and any response does not create an attorney-client... more
  4. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . 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

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
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Related Topics

Damages for personal injuries

Damages in personal injury cases generally compensate victims for their losses, but some damages are also meant to punish the injurer.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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