Legal Question in Personal Injury in Georgia

Re: Questioning Lawyers Handling of Case & Assistance I Should Expect To Receive

I am unclear if you want to pursue this matter from the way your question is phrased. I would urge you not to do so from some of the early symptoms you described. It sounds as though you possibly suffered a closed head injury, TBI or TMJ syndrome. If your medical does not support these conclusions, you may need more medical testing, even at this late hour.

The fact that a deposition is scheduled, makes it appear that your attorney did protect you as far as the two year statute of limitations is concerned.

To the issues of your difficulty in getting information together, I would urge you to speak with your attorney and let him know your difficulty. He may already have obtained some of the information you are seeking as a part of his discovery efforts in your behalf.

In any event, I would recommend you speak with your own attorney to ask the questions you have about the apparent lack of communication. If you do not receive answers that are satisfactory to you, then you might consult with another attorney to determine if your representation has been sub-standard to this point.

Good luck, and do not just decide to walk away from your claim. There could be significant value there.

Jim Hough

770-607-5300

Re: Questioning Lawyers Handling of Case & Assistance I Should Expect To Receive

It sounds like communication has been less than ideal, but at least suit was filed within the limitation period.

Your attorney should meet with you to prepare for your deposition a few days before it occurs. Preparation for your deposition should include review of the facts of the case and a process of educating you about what to expect in the deposition procedure. I normally mail clients a 10 page brochure on how to handle situations in depositions and have them watch a video tape on depositions in the office before we review prior statements, interrogatories, photographs, police reports, etc. If you did have a closed head injury, I hope your attorney has explored the ramifications of that. Preparation may also include discussion of particular issues that may come up and how best to answer difficult questions honestly in a manner that minimizes harm to your case.

At minimum, I would expect your attorney to tell you to always tell the truth (though sometimes narrowly in response to the specific question), listen carefully to each question, think about what the defense attorney is trying to do, think about the wording of your response, and don't guess at anything you don't know. Don't ramble or volunteer what is not asked for. There are exception to that rule about not volunteering, and I hope your attorney will prepare you to recognize the exceptions when they occur. Repeat, DON'T RAMBLE.

If your attorney does not take the initiative, you should ask for an opportunity to meet and review the accident report, photographs, documents, prior statements and interrogatory responses in the week prior to the deposition.

It is normal to be somewhat nervous. Accept that as normal, use it to maintain an alert attitude, and beyond that try to remain calm and thoughtful.