Legal Question in Personal Injury in Florida
car accident
Even though I had knee problems before my car accident, they have gotten significantly worse due to the accident. I had surgery, and I cannot walk. Now my doctor is suggesting total knee replacements. My lawyer is saying that I do not have a good case due to the pre existing condition of my knees. They did not hurt at all for more than a year prior to this accident. My knees were crushed during the accident, which intensified all of the problems. Is my lawyer telling me the truth? Is he working in my best interest? Can I get a new lawyer after a year of getting no where with this one? I am in constant, horrendous pain since I was hit. Please advise. Thank you.
5 Answers from Attorneys
Re: car accident
You can always get a new lawyer. You should at least speak to one to get a second opinion. If you hired the lawyer on a contingency fee, however, and if you fire your lawyer then when you make a recovery you will owe him or her a fee based on the time spent and an hourly amount (a quantum meruit fee). If you can get your lawyer to quit (or fire you), then he is not entitled to a fee and it is a lot easier finding another lawyer. Speak to another lawyer about your concerns and how to best proceed.
Re: car accident
How were your knees crushed? What were the previous problems? Was a settlement already made?
Re: car accident
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In an accident, a person with prior injuries still has a right to a fair recovery. The Defendant takes the Plaintiff as they found them ... prior condition and all. Your attorney should so everything possible to assure you the best possible result. As long as the case had not yet gone to trial, you can certainly change your attorney if you are not comfortable with your representation. If you change attorneys, you will be responsible to pay your current attorney based on the quantum meriut theory or the amount of work that has been done and results accomplished. Most personal injury attorneys will agree to pay that amount out of any recovery if they take over the case midway.
Scott R. Jay, Esq.
Re: car accident
You can certainly seek a second opinion.
Re: car accident
Did you have surgery as a result of this accident? Remember, pre-suit the insurance company isnt going to assume anything beneficial to you. However, many of these matters are fleshed out in litigation.