Legal Question in Personal Injury in Texas
Okay here we go...i live in irving texas. on oct. 18th 2011, my 12 year old son was hit by a truck towing a trailer owned by the school district while waiting for the school bus. the driver was swerving to miss another child who had ran into the street. my son was on the curb. my son suffered major injuries. the police report came out 2 weeks later and it had been doctored by the irving police to look like my son ran into the road and was hit. there is a cover up, basicly the police department is scratching the school districts back. there are other issues that show a cover up. even my attorney says so. however we meet tomorrow for the first time to go over the case. and my attorney is afraid the report will stand and their "witness" ( who was likely paid off ) we dont stand a chance. im afraid my attorney has been paid off or is scared to loose, he has not questioned anyone so we can get a witness, i dont think he is really working the case. im a single mom of two and my children have suffered enough, is there any questions i should ask my attorney tomorrow? what should i do? i know 100% if we go to court for jury trial with the children from the bus stop and the testimony from the child who ran into the road we will win. is the city of irving above the law? they are crooked thats no secret. please help me. this has the potential to be a high profile case. there are holes in their report. like the man who is listed as the driver who hit my son is caucasian but the man i spoke to infront of police that morning while they were loading my son in the ambulance was hispanic with a heavy accent. this thing smells dirty.
2 Answers from Attorneys
You need to have your attorney hire an investigator to start interviewing witnesses if he hasn't done so already. Your lawyer should not be afraid to go against the school district. Just because a police report says one thing doesn't mean that is what happened. In many cases I've handled there has been unfavorable or wrong police reports that have ended in victories for my clients. Take it to trial.
www.polanlaw.com
Assuming you hired a lawyer experienced in personal injury trials, he is probably presenting a worst case scenario. After 40 years of practice, I have not met a personal injury attorney who was "paid off"..or benefited in any way except from his fee after a settlement or trial. While you may win at trial, most attorneys will warn..you COULD lose. Even if a decent offer is made, the final decision wil be yours...so trust your attorney, listen to the worst scenaria and I'll bet you that attorney is saying, it is not my decision, but yours..and if u decide to go to trial and lose......then you may test the manner it was tried.....