Legal Question in Legal Malpractice in Florida

Legal definitions and case cites

WHEREIN LAWYER NEGLIGENCE AND FAILURE TO USE REASONABLE CARE WERE FOUND TO EXIST IN FAVOR OF THE PLAINTIFF IN A CIVIL MATTER. ''My atty. failed to aprise me in Florida Stat 627.736(7)(a) the plaintiff shall not travel outside the municipality of his residence and in no instance beyond 10 miles beyond injureds residence by road.My atty was asked personally by myself if I should be forced to travel into another county for an independant medical examand I was told to just go along with the request and I was injured 3-20-07 hit by a Fed EX truck and a witness pulled over and said I saw the whole thing and the fed ex driver was at fault, Fed Ex driver admits to fault in the case and atty hasn't even filed a single court document. I feel like he is working for The other party in this mess. How say you all?


Asked on 11/04/07, 10:49 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Legal definitions and case cites

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

He or she must have filed the original complaint or else the case would not be at the stage of medical examinations. If you feel your attorney is not doing a good job, then you should find another. A personal injury can be terminated and a new one retained if you are dissatisfied. The original attorney will be entitled to compensation under the quantum meriut basis or for the value of the services provided. The new attorney will generally agree to compensate the first out of the proceeds of any monies recovered from the case.

Scott R. Jay, Esq.

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Answered on 11/04/07, 11:48 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Legal definitions and case cites

There are a number of good reasons to agree to a medical exam outside of your county and, in fact, a number of circumstances whgere a judge would order such an examination. I would not in the least think that agreeing to a medical exam as you described means he or she is working with the other side or that your lawyer is not doing a good job for you. Call and make an appointment with your lawyer to discuss this issue, as it is important for you to have confidence in him or her.

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Answered on 11/05/07, 8:20 am


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