Legal Question in Personal Injury in California

Can you sue your attorney? Yes --- can you win? That is another question.

Trial strategy does not always dictate calling the treating doctor. Often times in trial there are many factors that go into the decision. Perhaps there is an expert that can testify about the herniated disc that would better explain the herniation or the mmechanics of the accident. Often times juries will not believe a claim of herniated disc from a chiropractor - but instead want someone with an MD to testify. One would have to have an attorney who handlews mal-practice cases look at the entire file to determine if your attorney fell below the standard of care in the handling of the trial. This is a very high standard.

Can you appeal? Of course you can appeal - but can you win is the question. There are not enough facts to say if you will win. In fact, without looking at the entire trial transcript there is no way to tell if you will win. Be prepared to shell out $1-3,000, or more, for the trial transcript (depending on how long the trial lasted).

No phone call since the trial - bad manners maybe but not something that you can sue for.

Good luck,

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I can imagine several legitimate reasons why your attorney would choose not to call your treating chiropractor. He may have committed malpractice, but I would need to know more about the case before I could even begin to offer an opinion.

Can you appeal? Yes, assuming time has not yet run out. The rules which set the due date for a notice of appeal are rather complex. The due date can be as early as 60 days after entry of judgment, so it is possible that you either have already run out of time or are about to.

But even if you still have time to file an appeal, that does not imply that you would deserve to win. For the most part, an appeal will only succeed if you can show that the *judge* made a significant mistake. Showing that your *lawyer* failed to call a necessary witness -- even if we assume that that is what happened -- will not get you a reversal. It will also be very hard to argue that the jury was required to reach a different verdict based upon the evidence presented to it.

Please feel free to contact me directly if you want to discuss your potential appeal. I am a certified appellate specialist (per the State Bar of California Board of Legal Specialization) and I have many years of experience in both civil and criminal appeals.