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

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.

Bayside, NY -

Attorney Answers (4)

Craig A. Post

Craig A. Post

Personal Injury Lawyer - Spring Valley, NY
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.

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Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Personal Injury Lawyer - New York, NY
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

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Vivek S. Suri

Vivek S. Suri

Litigation Lawyer - New York, NY
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
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Eric Edward Rothstein

Eric Edward Rothstein

Personal Injury Lawyer - New York, NY
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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