You do not give any facts about your fall, so it is difficult to tell if you have a viable claim. If you have consulted with an attorney, but they haven't decided whether to take your case yet, you should schedule a meeting with them so that they can explain the process that they are going through and why it is taking time to decide. If you are not satisfied with the response you are always free to seek the opinion and services of another attorney.
The fact that you fell and sustained injury does not, by itself, determine whether or not you have a case. The lawyer may be investigating to figure out who, if anyone, may be liable for your fall. Also, since this occurred such a short time ago, your injuries may not have fully developed. You are always free to change lawyers but a month is not a long time for a lawyer to do a proper investigation. Contact him or her and then, if you're not satisfied, consider asking someone else to take a look at the case.
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In order to have a successful personal injury claim you need two things: (1) Liability (someone's action or inaction caused you to get hurt) and (2) Damages (an injury of some kind). As my colleagues have stated, you do not provide enough facts about how the accident occurred to determine whether you have a viable claim. Tell us this accident happened. What were the results of the MRI?
You also mentioned that you called a lawyer. Did you retain them (sign papers)? If not, you may want to seek out a new attorney to represent you if you feel that your concerns are not being met. Before you do that though, ask the attorney whether he is taking your case.
Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
You are free to change lawyers. Whether you have a case depends on why you fell and what your injury is.
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.
You have not provided sufficient information. However, it sounds as though you may need a second opinion. Schedule a consultation with another lawyer.
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Without the facts of your situation i cannot tell you more that to call your attorney and find out the status of your case. If your attorney does not satisfactorily answer your questions, you are free to call any other attorney you choose.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
a lawyer should not just leave you without an answer
you should contact another lawyer
why is it that you fell?
do you know who you need to sue?
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Seek an experienced personal injury attorney ASAP. Many attorneys, such as myself, offer free 30 minute consultations. If you have a lawyer, discuss your questions and concerns with him or her.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Your lawyer should let you know the results of his/her investigation, & whether you have a good case.
Many NY accident lawyers, including me, will discuss the case with you, either in person or by telephone at no charge. Of course,we need to know the facts of the accident, and tp see the MRI & other medical records.
Your question provides no information regarding how you injured your back. To bring a claim you must show that somebody was negligent or careless in rendering a duty of care,that you were injured,and that the substandard care was the cause of your injury. If you signed a retainer, send the attorney an email or letter if you cannot meet with him/ her to discuss whether you are a client. If you did not sign a retainer then you are free to interview other attorneys. Best of luck to you.
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