Legal Question in Personal Injury in Illinois
Personal Injury-Car Accident
My lawyer dropped me as a client after a year and a half. Person who hit me plead guilty in court. Lawyer said many of my conditions are related to medical conditions and were not caused by the accident. I was getting treatment for my problems and when I was hit in the accident that only made it worse. I have been paying my portion of money out to doctors and hospitals for tests etc:. How can they drop me with such a short notice and I am left here with no lawyer as another lawyer after seeing the first lawyers medical records would not take my case either. What can I do? I feel that the first lawyer was so wrong to lead me on and then pow. This was somebody whom I had trusted and was supposed to defend me. I can't undo the fact that I was struck by a vehicle in the same area that I was having medical attention to. Lighting does strike twice and I would like to be compensated for my pain and suffering etc: from the accident and also what that group of lawyers did to me. I was going to just drop it and accept my fate in this matter but it is just nagging at me. I am hoping you can advise me. Accident was 31 October 2005. Time is running out. Thank you.
1 Answer from Attorneys
Re: Personal Injury-Car Accident
In a personal injury case, you must prove three things.
1- that the other person was negligent; and
2- that you were injured; and
3- that the injury you have suffered is the direct cause of the negligence of the other party.
From what you say, it appears that you can show negligence (plea of guilty) but your medical records show that the injury you are suffering from was not caused or was not made worse as the result of the accident.
You should talk to your doctors, not your lawyers. The lawyer can only go by what is in the records (and not what you think--since you are not a doctor and so you cannot testify to your diagnosis). If the doctor says the symptoms are not related, you can be represented by god and you will still lose.
The three elements I put up is like a tripod. Any of them goes missing, the entire thing falls down.
If two attorneys have looked at the medical records and have come to the same conclusion, chances are, the medical records do not support your contention that your injury was made worse as the result of the accident.
But, still, you have a few days to have a third lawyer take a look at the file with fresh eyes. I have successfully prosecuted cases where other attorneys did not see the potential. So, don't give up.
Ultimately, you can file a pro se complaint so as to give you more time to look for a lawyer.
I hope this helps,
Taradji Law Offices
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