Legal Question in Personal Injury in Virginia

I was involved in a auto accident and had a attorney and we did a non-suit and parted ways. I have refiled the case my self and I'm looking for a attorney. I was rear ended 4 years ago and have over 70,000.00 in medical bills. The doctor who did my surgery originally was told by my attorney had pain from day one and the doctor related to accident. At depo the doctor had no notes with him and really couldn't relate surgery to accident. ( I dont think my attorney did a very good job with the doctor) I want to find another attorney willing to fight this case in court. I never had back problems prior to this accident. 2nd question the insurance for the other side made a offer of 20,000.00+ which I never was told about prior to going thru years of back and forth and I would most likely have taken this offer to be done with it all but was never told by my attorney. I would like to see what can be done as far as law malpractivce (I was informed of this by another local attorney that is a friend but he doesn't handle this part of the law.


Asked on 11/20/09, 10:07 am

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

If your personal injury suit is still pending you dont have a legal malpractice claim at this time as the attorney has not caused any damage. He does have an obligation to tell you about settlement offer. If your surgeon did not relate the surgery to the accident it must have been a pre-existing condition. If that condition never caused any pain and the accident caused it to become painful and if the pain is what prompted the surgery, the other driver can still be liable for the aggrevation of the pre-existing condition. You need to ask your attorney direct questions and get direct answers: does the defendant have an expert; has liability been admitted; will your doc. testify that the accident caused the condition to become symptomatic?

I am sure your lawyer knows the answers to the above.

Good luck.

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Answered on 11/28/09, 10:38 am


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