Legal Question in Personal Injury in Texas
Possible Personal Injury Malpractice
Last May, I was hit by a car while riding my bicycle.
The case is very clear cut; there is no question that I should be awarded damages.
When I found a lawyer to take my case, he even told me specifically that he'd have to be the worst lawyer on Earth not to me an award for damages, etc. His first course of action, I was told, would be to send a registered letter to the driver- something that could have been done in a matter of minutes. A response could be expected within a few days.
After that single meeting, I did not hear from this attorney for six weeks, despite my constant phone calls and e-mails. Not a single response. In fact, a senior attorney at his firm somehow became aware of my communications and e-mailed me, telling me that she would make sure I was contacted by the attorney in question.
As it happens, my 'attorney' had not done a thing to advance my case since I signed over my power of attorney to him. No letters mailed, no work on my case at all. After he was goaded by his superior, he did mail the letter, and a response was received within a day, but then I heard nothing else from the lawyer. No word that my case had been dropped, nothing. I just never heard from him again.
Is this malpractice?
4 Answers from Attorneys
Re: Possible Personal Injury Malpractice
Based on what you have written it appears that your attorney has been negligent in handling your case. There are two factors in any personal injury case: (i) liability and (ii) damages. You have a two years statute of limitations in which to bring a suit for your damages. If you decide to fire your attorney, you need to make sure that the attorney and the firm fully release all of thier interest in your case prior to seeking another attorney and law firm to assist you. If my local law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.
Re: Possible Personal Injury Malpractice
There are two elements to every case (including legal malpractice): liability and damages. "Liability" means whether or not the attorney was negligent. I think clearly that he was. The other, essential element of your case, however, is damages. "Damages" in this context means, "Have you suffered some monetary harm because of the negligence of the attorney?" In other words, if no deadlines (such as the statute of limitations) have been missed and it is not too late for you to hire a competent attorney to pursue your injury claim for you, you probably don't have any real "damages." Under these circumstances, even though the attorney was clearly negligent, you probably have not suffered any real damages and, therefore, a malpractice claim would not be fruitful. Whatever you do, however, pick up your file from this attorney and get your case to a competent personal injury lawyer who will handle your case promptly and professionally.
Re: Possible Personal Injury Malpractice
As noted, the attorney was negligent but did not cause substantial damages hence no lawyer would take a malpractice claim. But you can complain to the state bar and spend time having him subject to discipline. But when you terminate him and his firm, be sure they release you from any claim to a share of the fees when or if the case settles..The attorney was obviously inexperienced or he would not have been so promising of success..as even many slam dunk cases are lost..
Re: Possible Personal Injury Malpractice
Generally, a person injured in Texas has a two year statute of limitations from the date of the accident. There has been no malpractice unless that time has passed. Six weeks is not an extraordinary length of time for taking action, but it does seem like a long time to ignore a number of calls/emails. Obviously, he does not have to take every call you place; but he does have a responsibility to reasonably communciate with you. You can terminate your contract with him for his failing to do so and demand that he send you your file.
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