Legal Question in Personal Injury in Florida

car accident

Even though I had knee problems before my car accident, they have gotten significantly worse due to the accident. I had surgery, and I cannot walk. Now my doctor is suggesting total knee replacements. My lawyer is saying that I do not have a good case due to the pre existing condition of my knees. They did not hurt at all for more than a year prior to this accident. My knees were crushed during the accident, which intensified all of the problems. Is my lawyer telling me the truth? Is he working in my best interest? Can I get a new lawyer after a year of getting no where with this one? I am in constant, horrendous pain since I was hit. Please advise. Thank you.


Asked on 11/02/07, 6:21 pm

5 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: car accident

You can always get a new lawyer. You should at least speak to one to get a second opinion. If you hired the lawyer on a contingency fee, however, and if you fire your lawyer then when you make a recovery you will owe him or her a fee based on the time spent and an hourly amount (a quantum meruit fee). If you can get your lawyer to quit (or fire you), then he is not entitled to a fee and it is a lot easier finding another lawyer. Speak to another lawyer about your concerns and how to best proceed.

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Answered on 11/03/07, 5:26 pm
Michael Stewart Michael D. Stewart

Re: car accident

How were your knees crushed? What were the previous problems? Was a settlement already made?

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Answered on 11/02/07, 7:15 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: car accident

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In an accident, a person with prior injuries still has a right to a fair recovery. The Defendant takes the Plaintiff as they found them ... prior condition and all. Your attorney should so everything possible to assure you the best possible result. As long as the case had not yet gone to trial, you can certainly change your attorney if you are not comfortable with your representation. If you change attorneys, you will be responsible to pay your current attorney based on the quantum meriut theory or the amount of work that has been done and results accomplished. Most personal injury attorneys will agree to pay that amount out of any recovery if they take over the case midway.

Scott R. Jay, Esq.

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Answered on 11/02/07, 9:56 pm
David Slater David P. Slater, Esq.

Re: car accident

You can certainly seek a second opinion.

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Answered on 11/02/07, 10:20 pm
Jacob Lieberman Lieberman Law Company

Re: car accident

Did you have surgery as a result of this accident? Remember, pre-suit the insurance company isnt going to assume anything beneficial to you. However, many of these matters are fleshed out in litigation.

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Answered on 11/23/07, 10:44 pm


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