Q: Lost attorney for a civil slip and fall case months before key dates; need guidance on proceeding without representation in Delaware.
I've been involved in a civil slip and fall case since 2021, but I did not have any substantial communication with my attorney until 2024. I never received any updates or documents related to my case. My attorney recently filed a motion to withdraw, which was granted, leaving me without representation just three months before my deposition. Key dates include an Alternative Dispute Resolution (ARD) in August, pretrial in December, and trial in January if necessary. The attorney claimed a client-attorney breakdown and noted my missing a meeting, despite having an informal agreement to reschedule. I've received a 60-day extension for a medical expert review, but I'm uncertain about further steps and feel unprepared for the remaining deadlines. How should I proceed without representation, and what immediate actions should I take?
A: You should consult with a Delaware Attorney regarding this inquiry.
Tim Akpinar agrees with this answer
A: I'm sorry for the difficult position you've been placed into. I commend your courage to handle this matter on your own - injury lawsuits can be complex. It sounds like you're on top of your case. But the timetable you've given is brisk. Without knowing the scope of your file, as a general note. it can sometimes take time to request and compile necessary material. The schedule also makes for a steep learning curve, given a January trial date. It could be worth looking into a brief consult with a Delaware attorney with accident litigation experience. Based on what you learn there, you could make a better-informed decision about specifically how you will proceed. Good luck
A:
First, you need to quickly secure new legal representation to ensure you meet the upcoming deadlines. With the Alternative Dispute Resolution (ADR) in August and the pretrial in December, you don’t want to risk missing key dates or being unprepared. If you're unable to afford a new attorney, you may want to reach out to your local bar association, which can provide resources for finding affordable legal help or pro bono assistance.
Once you have a new attorney, they can help you review the case and determine how to proceed with the medical expert review extension, ensuring you meet the necessary deadlines for that and any other requirements. Your attorney will also help you navigate the ADR process, which could potentially resolve the case before it goes to trial, and ensure you're adequately prepared for trial if it becomes necessary.
In the meantime, make sure you gather all the documents and evidence related to your case, including any communication with your previous attorney, medical records, and any relevant information about your slip and fall incident. The more organized you are, the easier it will be for your new attorney to take over and move forward with your case.
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