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

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.

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Attorney answers 4


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 relationship between the parties and the communication is not privileged and confidential. The best course of action is to consult with a lawyer about your specific case. If you need to contact me, please call at 212-537-6936 or email at


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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


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


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
Web site:
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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.

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