Legal Question in Personal Injury in Virginia
Attorney withdrawl
My case is tricky, doctors either didn't know what was wrong or they disagreed. One doctor said my injury was due to the car crash, one said no and one I had a serious personality clash with. I told my lawyer not to deal with him but he misled her into insisting that I go back to him. He did a total 360, got chummy with the opposition's lawyer(in depo) and talked down to mine. My own lawyer said he was a crazy man. That left me with two doctors who disagreed and a loon. Three months before the trial date my lawyer finaly spoke to the doctor who is a colleague of the loon and agrees with him. She never spoke to the helpful doctor. She returned from the encounter and exhibited anger toward me because she said I hadn't told her of his oppinion. I had, and it was in my records which she had in her possesion. She had previously shrugged his oppinion off. The two doctors who say it wasn't the accident that caused me to lose sight in one eye ,say it is a tumor which showed up after the accident and are eye doctors. The one who says it was the accident is a neuro-surgeon and tumor specialist. This case has been continued twice once for each side. Do I have a chance os another delay to find another doctor and lawyer? Do I have a say?
2 Answers from Attorneys
Re: Attorney withdrawl
It would be up to the judge whether you would be
allowed to continue the trial again upon getting
another lawyer. However, the opposing counsel
would probably call the other doctor giving an
unfavorable opinion as a witness for their side.
But you should demand to konw why your attorney
is not focusing on the favorable doctor, particularly if his experience is more relevant.
Re: Attorney withdrawl
It would appear that at least one of your expert opinion doctors should be one whose speciality is known as neuro-opthalmology, not merely opthalmology. This person's favorable opinion to your case coupled with that of the neurosurgeon-
tumor specialist might well be enough for you to win your suit.
Whether the court, however, which is currently handling this matter, would now agree to grant your current attorney's motion to withdraw at this stage of the case and set a new trial date, and give you additional time to hire new counsel and seek additional expert opinion is problematical and likely would depend upon what court(and judge) is involved. In a large, busy court like Fairfax which frowns upon continuances, it may not happen, but in a smaller one with less crowded dockets, it might be feasible, if you were to advance persuasive reasons for the delay.
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