Legal Question in Personal Injury in California
My Attorney filed a claim for a bus accident I was involved in on April 2011. I was thrown forward from my seat, causing me to brace myself with both arms. The bus video provided by the bus company doesn't show the movement/bracing of my right arm/hand although I ultimately had surgery. According to my Attorney, the problem with the footage is that it doesn't show what my right arm did as it's hidden behind the seat I used to brace myself. Had I not used my right arm, I would have been thrown forward and to the left (if only my left hand was used). In one of the video provided, I am seen rubbing my right shoulder. I asked my Attorney is it possible that the bus company didn't provide all the video footage and how do we know they provided all the video footage? I asked these questions because we don't know how many cameras the bus was equipped with and they could have withheld footage from a particular camera angle. My Attorney tells me I have two choices; (1) find another Attorney who is willing to try and take this case further or (2) come up with an amount to present for a settlement. Are these my only two choices?
2 Answers from Attorneys
You always have more that two choices, some just don't make sense. In this circumstance, I think you really only have one logical choice, if your attorney is not willing to even entertain fighting for you, you may want to hire another attorney.
Should you have any questions, feel free to give me a call directly.
If he says it is, it is. You can't make an attorney keep working for you instead of settling if in the attorney's legitimate judgment there is not enough good evidence to take to trial without spending more time and money that is likely to be recovered. That's asking an attorney to work for free. If you think your attorney is doing a bad job, find another one. If you think he is doing a good job, and is honestly giving you an evaluation of what you should do in our case, follow his advice. You do have one other option - dismiss the case - but of course you don't want to do that.
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