Legal Question in Legal Malpractice in New York

my case

5 1/2 years ago,I was in a car accident and suffered 2 herniated discs pressing on my nerve and tmj.

The case was dragged for5 years. My lawyer never asked my doctor(of 3 years),if she was willing to testify in a trial until it was upon us. When my dr. said ''I don't do that'' I convinced her but, she said she needed more time

My lawyer unable or unwilling (I'm not sure which)to change the date of the trial said he was going to subpeona her because her records weren't good enough.She had her attorney try and fight the subpeona.When the day came, she didn't show up. My lawyer said we had no case without her so we'll have to settle.I said I'd rather take my chances and wait for the judge to force her in. He told me ''I'm not paying for a hostile witness, so you have no choice but to settle!'' I started crying because 20,000 is no where near enough to pay for my physical or other therapy( which my insurance doesn't cover) which i need badly in order to avoid surgery.He said ''Don't worry because when I was looking over your papers I found that No Fault stopped you prematurely so you'll be able to get medical covered; which is all I wanted. 8 months have gone by and he didn't do anything as promised. Do I have any recourse? Thank you


Asked on 11/18/05, 4:58 pm

1 Answer from Attorneys

Re: my case

You didn't only sue to get your medical bills paid, you sued for your pain and suffering as well. What happened to you is a common problem for plaintiff personal injury attorneys -- the treating doctor is uncooperative and the court will not adjust its schedule. As a result, you were forced to take a lesser settlment. The issue is whether you would have gotten more money had your lawyer gotten a doctor (either yours or one hired to examine you and testify) into court. That questions cannot be answered with the limited information in your question. However, $20,000 for 2 herniated discs with impingement could be very low. Other factors to consider are the strength of the liability case (.ie was the accident your fault at all) and how much insurance the other person had). We handle legal malpractice cases so please feel free to email me if you wish to discuss your case.

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Answered on 11/18/05, 5:08 pm


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