Legal Question in Personal Injury in New York

what should i do

i was injured in a automobile accident on 6-30-05 i was a passenger in the car that was hit, the other driver admitted the accident was his fault, i had to attend therapy for my back and neck for 7 months, after the therapy i been trying to get updates on the case with no luck the lawyer is never there, the driver of the car that i was in has the same lawyer as myself and he has been reinbursted for a newcar, but ive heard nothing what can i do? i feel like the lawyer is avoiding me, what are my options? do i need another lawyer help please


Asked on 2/01/07, 11:03 pm

5 Answers from Attorneys

Scott Levinson Korybski & Levinson

Re: what should i do

You should not be burdened with an attorney that does not respond to you or makes you feel as if he is avoiding you. Switching attorneys does not affect your bottom line. The attorneys fees remain the same. You should retain an attorney who you are confident in and can relate to. In addition, as stated by the other responses, there appears to be a conflict of interest with your attorney also representing the driver of the vehicle you were in. I would be happy to discuss this further with you so that you can explore all of your options. Feel free to call at your convenience.

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Answered on 2/02/07, 9:24 am
Jason A. Richman Jason A. Richman, Esq.

Phoning your lawyer about the potential conflict should get a response

I would advise that you discuss this matter with your current lawyer. In leaving him a message you might try asking about the potential conflict of interest. This should get a response from him in pretty short order and then you will know at least where you stand with him. You can them make a knowledgeable determination about whether or not retaining an alternate attorney makes sense in this case. Getting a second opinion is never a bad idea but you should have the first opinion before you seek the second. However, it is true that if the driver of the car in which you were a passenger is at least one percent responsible then his insurance company will be responsible as well as the other car�s. The need to bring that second defendant into the case should depend in part upon the sufficiency of the primary insurance coverage to adequately compensate you for the damages you have suffered. If you would like to discuss this matter with me, free of charge, I would be happy to do so. Also if you would like my assistance in selecting an attorney in you vicinity to provide that second opinion I would be happy to help with that as well. Feel free to call (5853195334) or email.

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Answered on 2/02/07, 11:46 am
Jason Stern Law Offices of Jason Stern

Re: what should i do

If your lawyer isn't taking or returning your calls, it's time to find a new lawyer. There are also conflict of interest issues because he also represents the driver of the car you were in. As a passenger, your case is the easiest to resolve because fault rests with either the driver of your vehicle, the other vehicle, or partly both -- but in any case, not with you.

If you would like a complimentary consultation, please feel free to contact me. I aggressively litigate auto accident cases and will personally take your calls and provide status updates on a regular basis.

If you aren't satisfied with your present attorney, filing a substitution of counsel is quickly and easily accomplished.

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Answered on 2/01/07, 11:33 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: what should i do

Please feel free to call my office for a no-obligation free consultation, it is beneficial to get a second opinion. If your attorney is not responding, you may consider hiring a new attorney, which is a simple process. However, I would caution you not to rush to get another lawyer before your records are reviewed, in some instances it could hurt your case. Over the years, we have handled a great number of auto accident cases from inception to trial and will be happy to give you the best possible advice.

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Answered on 2/02/07, 1:04 am
David Simon Hogan & Rossi

Re: what should i do

You should at least consult with another lawyer, because there is a conflict of interest. You may have a claim against the driver of the vehicle you were riding in. As much as he may be your friend, any claim you make against him will be defended by his insurance company.

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Answered on 2/02/07, 1:56 am


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