Legal Question in Personal Injury in California

You should immediately tell your friend to fire his attorney. For an attorney to get his client to sign a document that compromises his rights without getting anything in return is outrageous. Your friend should consult with another lawyer immediately. Good luck......P

It does sound as though the lawyer might have been working on the homeowners' behalf. If he was, then he. had a conflict of interests. This sort of conflict can be waived if the lawyer discloses all the pertinent facts to all the potentially conflicted clients and they all agree to waive the conflict. If that's what happened here then your friend can no longer complain about it.

Bear in mind, though, that your friend's chances against the power company probably weren't affected by the problems you describe. Unless he had a potentially viable claim against the homeowners which he was tricked into giving up, he probably wasn't harmed by any conflict that may have existed.

I think your friend should consult with another lawyer who has no connections to the power company, the homeowners, or any of their lawyers. That way he can find out whether he should have sued the homeowners and whether he has a case against the lawyer who is currently representing him.

Your friend has every right to consult with another attorney. Given the catastrophic nature of his injuries and damages it is important that he understand his options and carefully examine all avenues of recovery. He should consult with an attorney who is not affiliated with the carrier and who has experience in handling major injury and death cases in California. Feel free to have him give me a call.

I too think that this was not a proper thing to do. Nobody with such terrible injuries should be giving away releases to anyone for free. And I do feel the homeowner probably had some responsibility here, because he must have known how close the wires were and yet gave your friend no warning. However, if the danger was as obvious to your friend as it was to the homeowner, then a warning would be of no importance. On the other hand, if the wires were obscured by trees or something else, then a warning might have saved him. The owner may also have had a duty, depending on the layout, to have the power turned off during the window washing.

Your friend needs to give an independent attorney a thorough briefing on all the facts, and may I suggest that the lawyer he chooses have some expertise in legal malpractice as well as serious personal injury?

Have your friend give me a call immediately for a free consultation at 800-816-1529 ext. 1. We handle cases like this all over the State of California.

I am very concerned that your friend may have waived any rights he had against the Homeowner. It would have been absurd for his attorney to have him sign a waiver of liability form against the homeowner. It might be malpractice or worse if he is precluded from collecting from the homeowner. (homeowners insurance + equity)

You can check out my personal injury website at www.thepersonalinjury.com

As other attorneys have noted, you should advise your friend to seek the counsel of another attorney. This will not cost him anything and he will at least benefit from the peace-of-mind that he explored all options. This is a type of injury that will obviously impact him significantly the rest of his life; however this will be his only chance to ensure he is compensated for such a life changing accident. Sadly, the "your case doesn't look so good anymore" is a line we often here from other attorneys who get in over their head. Not sure if that is the case here, but I would be concerned. Personal injury cases are vigorously defended by the insurance industry. The resources a defendant has to fight a case are endless. Insurance companies do not settle cases fairly and fully until you demonstrate to them that you have the expert witnesses, the resources and the attorney who is going to beat them in court.

I am located in San Diego, if you would like me to meet with him to review the case and his options, feel free to contact me. I am available this weekend if that is easier for you both and I would be happy to visit him at his home or other convenient location.

Feel free to email or call me to discuss further and set up an appointment.

Regards,

Bryan Becker

[email protected]

877-201-8728

Your friend has a very serious injury and the defendant has a lot of heavy exposure. As an aside, your friend might also have a workers' compensation claim!

There are many complex issues involved in your friends case and there will be boxes of litigation material. Your friend will require many experts with regards to causation, nature and extend of his injury, loss of income, a psychological expert, etc...it goes on and on.

Your friend has every right to seek other legal counsel if he is not comfortable with his current attorney (for good reason). Please have your friend call my office tomorrow ASAP and we will send someone to his home to discuss your case further. 1.877.505.INJURY.

I am sorry to hear of this tragidy. Please have your friend contact me directly.