lawsuit question?

Question

About 4 years ago,My husband was in a nasty accident. He was working at a place called City Tire. He was putting air in a tractor- trailer tire when it exploded in his face. His jaw was broken, he had a skull fracture and both ears were ruptured. One of the first things i done was call a attorney. He seemed realy good at first. About a year later we had to go to a remedeation, we turned down the offer which was 15,000. Then are lawer calls us ,saying that we better take the money becouse he didnt want this to go to court, he said we might not get ant thing if we didnt take it. We ended up with 12,000 dollars. It has been about 4 years now, and my husband has almost lost all of his hearing, his jaw swells up all the time. he cant drive at night becouse he cant see after dark. I want to know if there is ant thing that we can do, i know we cant re-open the case but can we target the atterney, Its almost like he got paid off. thanks for your time. : KRISTY

Answer 1

I don't know why the lawyer did so poorly for you, but I agree that you didn't seem to get good representation.

Saying that and proving that are two different things. Before you can win a case you need to prove something happened. So start with that question how can you prove that he was bribed or under-performed.

You could sue him for malpractice based on the low payment you got. To do that you would have to find out what the average payment is for that kind of case and if your lawyer under-performed dramatically then you could sue him based on that. Lawyers are subject to malpractice just as doctors are.

However, the original company, Tire City, and their insurance company are immune to any lawsuit because you agreed to the case, you signed the legal agreement and the contract probably has a clause that says you cannot hold them responsible for any further complaints or law suits. You need a lawyer to look at the agreement to see if this clause is included, but I am fairly certain it is since insurance companies want to pay as little money as possible.

You need to talk with a new lawyer about this. Since you didn’t specify the amount was in pounds, dollars, euros, or rubles etc. I can’t tell what nation you are in, but I can tell you that if you are talking dollars then you got gypped big time. I could have negotiated a better settlement and I have no experience as a lawyer. Gather the records for the original treatment and the bills you got for it. Then ask why the issue of possible and future brain damage didn’t come up? Why didn’t the lawyer want to take this case to court? If you husband was doing something illegal or if there were any question about how he got injured, or what his injuries are then your case might be in doubt. An explosion, skull fractures and blown eardrums are very easy to detect and prove. From the information you have given me your case should have been a breeze with the possibility of at least 10 times the settlement you got. Also what caused the explosion and why were they not named in the lawsuit. Tires don’t just blow up for no reason. Was you husband over inflating a retread tire, or was he inflating a brand new tire? Did Tire City have any safety rules about tire inflation? Was their any safety policy in effect and did your husband violate it? If he did then that might explain the poor settlement and the lawyer’s desire to not go to court, but if your husband was doing a standard job, with standard safety precautions then the tire explosion wasn’t his fault. Even if a tire has a blow out, even if it is a large truck tire I don’t see it generating enough force to break your husbands skull or rupture his eardrums. If you are talking about a tire for the Astro Dump Truck that stands between 10’ and 6’ tall then I might see the pressure causing a problem, but it if was a standard truck sized tire then you husband would have to have been laying his head on top of that tire or in between the tire and the tire well.

To give you any good advice I need a better understanding of the circumstances. This should have been in the original testimony and sworn to a record, which your lawyer should still have a copy of. You should start with getting all the records that he has on your case. If he has a poor record trail then that is a case for malpractice right there! If he “lost” your husband records after only 4 years then that sounds like he is operating a pretty poor law firm and could be grounds for a lawsuit against him. Talk with another law firm and explore your options. Most firms will at least hear your case before charging you, and you can probably get them to accept your case on a contingency basis where they get a portion of your winnings only if they are able to win the case. The fee will end up being 1/3 or 1/4 of your winnings, but 2/3 or 3/4 of something is far better than nothing. Have you contacted the state bar or whatever legal organization exists that overseas lawyers. Have you tired to file a complaint with them? Has anyone else? How long has this lawyer been practicing, and what is his record?

Answer 2

I consider you, serving a penitentiary sentence will be their punishment, yet what about the sufferer? he's then rewarded via being allowed to go out or maybe as out for the day buys a lottery value ticket - yet continues to be less than punishment. in simple terms because he served a penitentiary sentence would not advise that less than his replaced situations, he should not be made to pay repayment to the sufferer. i love your idea about promoting possessions as a way to pay repayment, and that the repayment must be suitable to the crime - yet rape is a severe crime and for this reason the quantity replaced into presented. detention center is a delicate selection, you won't be able to say he's paid his debt via being despatched there any more advantageous. per chance not basic labour for those no longer able to compensate the sufferer for his or her crimes?

Answer 3

You might not succeed, but I suggest you go back and sue again. This time for post-accident damages. And get a different attorney. You can ask him what you can sue for, and he should be able to tell you, if he can't, get yourself another attorney.

Answer 4

If you had already signed a waiver for the receipt of the $12T as settlement, there there is nothing more you can do to claim for more damages.