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joeace

Guest
California

I had a slip and fall at a major retail store, 9/29/02 as a result of my injuries I have missed 130 days of work, have had surgery and will never have full use of my arm again. I hired an attorney and he failed to file paperwork on time resulting in a dismissal of the case by the court(August 2002). He was to file to get the case re-opened I have contacted the court and he has not followed up. I have contacted his office via telephone E-mail and registered mail and he has not returned my calls. Is it too late to pursue the case with another attorney and do I have a chance of going after him for my losses?
 


I AM ALWAYS LIABLE

Senior Member
joeace said:
California

I had a slip and fall at a major retail store, 9/29/02 as a result of my injuries I have missed 130 days of work, have had surgery and will never have full use of my arm again. I hired an attorney and he failed to file paperwork on time resulting in a dismissal of the case by the court(August 2002). He was to file to get the case re-opened I have contacted the court and he has not followed up. I have contacted his office via telephone E-mail and registered mail and he has not returned my calls. Is it too late to pursue the case with another attorney and do I have a chance of going after him for my losses?

My response:

Sure, you can "try" to hire another attorney, but slip and fall cases are extremely difficult to prove in court. So, in order to sue and win a malpractice action, you'd still have to prove your underlying case. Most slip and fall cases are losers, no matter what the damages, and most attorneys (including myself) won't take them unless they are "slam dunk". That's why you're going to have a difficult time winning a malpractice action.

Good luck.

IAAL
 
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joeace

Guest
This case has witnesses including employees of the store and fire dept personnel who stated that other people have fallen in the past in the same place and an employee also stated that they had been cited by the City to repair it but they elected to paint it a bright color therebye camoflauging the defect. My attorney has yet to interview any witnesses and that is why he was unable to file his discovery items on time
 

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