Legal Question in Personal Injury in California
I need help
I was working at a car dealer as a contractor,as i walked in the garage,A car with an employee at the wheel,hit me,bending me over the car.I at first I dont feel pain.so I walked away,but my knee started to swell.I reported it to the manager.one hour later He gave me a referel to their Dr,who didnt see.I hired a lawyer who sent me to a DR.At the end of my teatment,we met with the Adjuster from thieir insurance company,who said the whole area was being recorded by camera.Months went bye,the lawyer told me that the adjuster claim they didnt cause my injury.The lawyer told me to go there and look for A witness..I told him to get the tape of the day,he said they world not gave it to us..Its a fact that I was hit,It should be on that tape..its nearly a year now,,,Who can help?I want a new lawyer..
3 Answers from Attorneys
Re: I need help
Has your lawyer filed a workers comp claim or a lawsuit? If he has not done either yet, the garage is not required to let him see the tape. Whether you must file a workers comp claim or whether you can use the courts is beyond my expertise, but it sounds like you may have to do one or the other since negotiation doesn't seem to be working.
Re: I need help
What has your lawyer been doing all these months and why doesn't he have the tape already? You need to write a letter to this lawyer and demand your file back. Then take the file to another lawyer to look at. If you have any problems obtaining the file (itis your property) from the lawyer, contact the State Bar of California.
Re: I need help
I need more facts before I can answer your question. Did your attorney filed a claim against the auto insurance carrier or Worker's Compensation carrier or both? In Worker's Compensation area, all videotapes regarding your work-related injuries (so called subrosa tapes)can be discovered by filing an application. If the insurance company does not provide your attorney a copy of the videotape, it would not come into the evidence at trial. Feel free to give us a call at 213.388.7070 to discuss your case further.