My 10-year-old son's attorney has dropped his personal injury case against the school district. The accident happend in Sep.,201. The attorney sent a Notice of claim to District in Aug.,2012. And in Feb., 2013 I got a letter from the attorney saying that he was withdrawing from the case because he wouldn't be able to prove school's liability in court. I tried to find a new attorney but nobody agreed to take the case . Many say that it's too late to take the case over. Has my son's attorney abandoned him? All the time the attorney was claiming that the case was easily provable. I don't even know if the notice of claim was addressed and formulated correctly. I also don't know what was the district's answer. I just have a feeling that the attorney has just botched the case.
I suggest you contact the attorney and arrange a face-to-face meeting at which time you will expect the attorney to provide you with a full and complete copy of the entire case file for your son. You should pose all of your questions to your attorney, who certainly knows the facts and provability of the claim much better than anyone else. Review the notice documents etc. at the time of this meeting. Understand why he thinks you will have difficulty proving the claim.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Cases against school districts can be quite challenging. Often times, school districts are protected (to some extent) by the State law in place when an injury takes place at a particular school. If the case proceeded through to trial and you lost, you could then be responsible for the school district attorney fees and costs. There are many risks associated with cases of this nature. Some times, it takes a number of telephone calls to find an attorney on a case. If every single attorney turns down the case, this may be an indication that the case was most challenging and there was good reason or cause for the attorney to turn down the case. I hope you are able to line up an attorney to take over the case.
You should contact your prior attorney and get a copy of your entire file. If there is a reason to believe that the attorney made a mistake handling the claim, you may want to contact the Bar Association to see if they have resources for handling grievances and contact an attorney who handles legal malpractice claims.
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