Legal Question in Personal Injury in New York

I live in nys back in sept. 2009 I fell in a Walbaums supermarket on there wet floor. everything was caught on camera. I wenty to a lawyer that a friend recommended to me, but he did not disclose that he was not a personal injury lawyer. When he asked me to pay court fees and clerk fee's I asked why I should pay out of pocket, being that her was supossedly a personal injury lawyer. Then he told me he was not a personal injury lawyer. I dont feel he has been working for me in my best interest. I signed papperwork agreeing to give my lawyer 1/3 of what i win, but he has not been continously active on obtaining documents/media for my case. Can you please give me advise?


Asked on 12/12/10, 9:02 am

4 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

It is important that you obtain a lawyer with experience in personal injury law. If you wish to speak with me, you can call me for a free consultation at 1(800)WE-FIGHT.

Your choice to change attorneys will not impact the legal fee you pay. It will still be 1/3 of all sums recovered. We have convenient locations all over New York. No fee to us unless we win your case.

I look forward to your call.

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Answered on 12/17/10, 11:05 am

You probably want to change lawyers to someone who handles accident cases. However, be advised that Waldbaums is part of the A & P company, which filed for bankruptcy protection this past Sunday. Your case may be effected by this. Bankruptcy would stay the case and A & P is self-insured so you may not have a case after the process is over. I am not certain if Waldbaums in in bankrupcty too but their name is listed on A & P's bankrupcty filing so that needs to be checked out. I am a former federal and State prosecutor and now handle personal injury cases so please feel free to check out my web site and contact me. The above is for informational purposes only and not meant as legal advice.

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Answered on 12/17/10, 11:31 am
David Slater David P. Slater, Esq.

Call me to dlscuss substitution. I have offices in NY and Florida.

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Answered on 12/18/10, 1:35 pm

A client is free to change attorneys during the litigation process, without any penalty. If you've lost confidence in your attorney, this is an option. Best, M.E. Zuller

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Answered on 12/19/10, 10:15 am


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