Legal Question in Personal Injury in California
I was in a motorcycle accident in November 2010. I was riding home from work and a vehicle pulled out in front of me. I couldn�t stop. I fractured my L1 and L4 vertebrae as well as cracked a lower rib. It so happens a Stockton police unit was traveling in the opposite direction and witnesses the accident. The individual didn�t have insurance.
As well as working full time, I was attending college full time receiving the G.I. bill for my time in the Navy. This accident put a stop to school.
I contacted a motorcycle lawyer here in town; He came to meet me my father and I at our place. He assured us with the police witness; I would be able to sue and had an air tight case. He assured me no matter what happened he wouldn�t touch any monies I might receive from my uninsured motorist claim through my insurance. He claimed this was a big case.
I made all the calls to my insurance and waited to hear from my lawyer. I called numerous times and couldn�t reach him. He eventually called me back stating he was going to use his detective to check into any assets this individual had. Meanwhile, I had to drop out of school and go on disability already dealing with the debt of a failed 10 year marriage. I didn�t hear from my lawyer for weeks later after calling for him numerous times. Turns out guy who hit me was 19 and had no assets. I received a check $15k from my insurance check and my lawyer took $5k out of it. Money he assured me he would take. This was like something out of a movie. I only saw him the one time during our initial consultation. Even going to his office I only dealt with the secretary. He never came out.
I have lost my place, have no vehicle, owe the VA, and have over $40k in debt because a person pulled out in front of me. I am a hardworking, tax paying veteran, I have lost everything, my debt keeps climbing, I have severe back pain and I have NO money. No one has been held accountable for my suffering. I was told I could re-sue through a different lawyer if my last one couldn�t make a case. My question is will a different lawyer take my case?
1 Answer from Attorneys
It sounds to me like the guy who hit you had no insurance, and you got paid only from your own Uninsured Motorist coverage.
If that's the case, it's pretty common for the attorney to take his one-third fee even from UM. Your retainer agreement with him probably specifies as much. The most you could say is that the lawyer wasn't very charitable, but really, would another $5k have made a huge difference? The REAL problem is that the negligent party was a worthless slob.
Getting another lawyer won't change any of these facts. The most you could do is look into what other factors may have contributed to the accident, such as roadway design etc, looking for another defendant to drag into the case. It's not very likely that you'll find something, though, because your attorney probably has looked everywhere to try and get more money. It's tragic, but these kinds of situations happen all the time.
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