See my answer to your duplicate question.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Your own attorney is the only one who can give you an educated informed analysis of future options in your case based on all of the facts and circumstances. The post refers to surgery. The negligence analysis does not get to damages until liability is established first. Here's what that means: BLUE LINK BELOW
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
My sense is that because you are posting this question that the relationship with your attorney may not be ideal, one of communication and trust. Unless the facts of your case are somewhat complex or your injuries compel some delay, generally whether in the Bronx or elsewhere five years for a generic "slip and fall" matter is too long to litigate. Make an appointment with your attorney and feel comfortable after you leave that you have an adequate explanation why you are five years post injury and what are reasonable expectations to resolve your case. Make a decision based on that meeting whether to stay the course with your current counsel or find new counsel based on open communication, access, trust and competence.
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