Los Angeles, CA asked in Personal Injury for California

Q: I was injured on a Metro bus, and I don't know what to do. I have an attorney, but he seems wholly inadequate.

I am handicapped, alternating between walking with a cane or a walker, depending upon the day. I was on a Metro bus in March 2015, and at a stop, I went to the bus driver and asked him to ask the people in the back of the bus to stop smoking pot. He refused. He had previously refused the request to turn down the blaring boom box by the man sitting beside me. When I turned to go back to my seat, the driver began driving, and I fell and slid several feet down the aisle of the bus. Imaging taken about a year ago shows some damage, and I still have significant pain. Video of the driver shows that he says he no longer cares about the job because he is leaving it in about 2-3 days. I have an attorney, but he admits he has never had a PI case, and he expects me to do what I think is his work such as finding expert witnesses, physicians, and determining "...a dollar amount we can play with..." I am a layperson and have no idea what to do. Frankly, I would like a different attorney.

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1 Lawyer Answer
James Carr Suits II
James Carr Suits II
  • San Jose, CA
  • Licensed in California

A: You may have some big problems. Has your attorney filed a government claim yet? There is a 6 month deadline from the date of the March, 2015 accident to file a personal injury claim against a government agency, such as those running the bus system. If your attorney failed to do that, your claim may be barred. This is the most important thing to discuss with your attorney immediately. If he failed to submit a claim within the 6 month period, that will likely qualify as legal malpractice on his part. If your attorney did file a government claim and/or lawsuit, then you should tell your lawyer to stop being lazy and do his job. If he won't do what he's supposed to, then try to find another lawyer. Best of luck.

Andy Chen agrees with this answer

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