Boating accident

[2kountry]

What is the name of your state? California

A year an a half ago I was invited to go camping, boating and skiing with new friends over a holiday weekend. It was the last day of the holiday and I was in the water trying to get situated to ski. The life jacket was so soaked and heavey I was sinking, not floating. I started to circle my arms to tread water and drifted toward the boat. The driver's vision of me was blocked by a rubber raft he had on the back of the boat. No one was watching me in the water and the driver took off. The rope tightened and snapped around my body, caught my arm and drug me until another boater brought it to the driver's attention. When they finally stopped they tried to pull me into the boat but the life jacket was still to heavy and I had to be drug even more to the shore.

I am disabled for life. There was no insurance on the boat. The driver failed to report the accident. I could not even feed myself for the first six months, let alone work. I have gone through my savings. I cannot work the same work as before but I am willing to retrain.

What can I do now?

[You Are Guilty]

Originally Posted by 2kountry

What can I do now?

Hmm. Have you considered speaking with a lawyer?

[2kountry]

I obtained a lawyer over a year ago. He has done nothing. No letter of demand. No filing. No medical exams. I know the statue of limitations is 2 years to file. The person that owns the boat has recently sold their house and may be moving out of the area. My attorney seems to be overlooking this case. Originally it did not bother me but it is starting to frighten me. I do not want to lose my rights. I do not even know what my rights are in this case.

[kayak99]

Have you called your attorney? Methinks you need another.

[CJane]

What, exactly, were your injuries?

[2kountry]

My right wrist had the skin and muscle peeled back to the knuckles. I was cut to the bone. As the doctor explains I cut or crushed every blood vessel in the hand.

The snapping motion pulled the sholder from it socket and created more damage in the nerves in the arm and neck

To add to the pain and misery and complications, three months ago today I was attempting to make a left turn on a remote highway. The tailgater behind me pulled out to pass and broadsided me at 50 MPH, followed by the car behind her that also broadsided me the second time. Yes there is a CHP report and yes they were found at fault and Yes everyone was insured to the max.

I have gotten through the bruising of the ribs. I have regular blinding headaches, disorientation since the crash. The one sided headache comes and goes. I sometimes have trouble walking or standing with a problem in my right hip. I can function with the help of heat pack, hot pads

[teflon_jones]

Sounds like you need to get a new lawyer. That's your first step and you need to do it asap!

[2kountry]

I have been looking for a new lawyer.

I have been told that I cannot fire my attorney. He has to release me.

I do not understand.

[teflon_jones]

Who is telling you that you can't fire your attorney? You can always fire your attorney.

What does your agreement with your attorney state as far as payment? Normally you will have to pay the attorney for their time since you didn't get a settlement through them, but you need to read your agreement to see what it says.

[2kountry]

The fee agreement I signed with the attorney shows the percentage the attorney gets through each stage of the case. If no settlement is recovered no fee is paid. If I fired him he is to get $500 setup, payable within 30 days plus any fees paid on my behalf.

[GatorLaw]

You can always fire your attorney, its written into the Rules of Professional Ethics that an attorney may be fired at any point in time in representation. You may also want to look at a product liability case for that life jacket manufacturer. Just an idea.

[2kountry]

I have gone down the telephone book, some attornies were just not taking on new clients. Some were backing off accident injury cases because it was taking so long for the insurance companies to pay out or settle. Some are hesitant because from my attorney all I have is a fee agreement and no other paperwork from my attorney to show a year and a half on one case and three months on the other.

[FlyingRon]

Dig through the listings and find your local bar association office. Most will have some sort of referral system.