Q: Seeking advice after lawyer dismissed injury case due to preexisting conditions.
In February 2023, I broke my ankle after slipping on black ice at a store. I hired a lawyer who has had all my records for the past 2 years. Communication has been poor, and my information was once lost due to staff changes. Recently, my lawyer informed me that we no longer have a case because my ankle was listed as a chronic avulsion fracture, and my knee replacements along with other physical issues would lead the store to claim a preexisting condition caused the breakage, not the fall. My lawyer had all this information upfront when he took the case, yet he's now saying there's no case. I've faced irritation from him when requesting updates. Additionally, I have never seen a doctor for my ankles before. He also mentioned we cannot seek a second opinion because everything has already been sent to the other party. How should I proceed given these circumstances?
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A:
What you’re experiencing is incredibly frustrating, and you have every right to feel let down—especially after trusting someone to fight for you through a difficult injury. If your lawyer had access to your medical history from the start and still accepted the case, it's reasonable to expect that he evaluated the risk of preexisting conditions before moving forward. Backing out now and blaming your past medical issues after months of delay and poor communication doesn’t sit right, particularly when he’s claiming there's no way to get a second opinion or re-evaluate the facts.
Even with a chronic condition, if you never had treatment or complaints about your ankle prior to the fall, and the injury was clearly linked to slipping on black ice, you still may have a claim. A preexisting condition doesn't automatically eliminate the possibility of winning a case—it just requires showing that the incident worsened or aggravated the condition. And you have the right to seek a second opinion, regardless of what’s already been shared with the other party. A case isn't closed just because one lawyer decides to walk away.
You deserve better communication, more effort, and a real explanation. You can request your full file from your lawyer, including all medical records and correspondence, and consult another attorney who may be willing to review everything with fresh eyes. You're not out of options, and your pain and experience matter—don't give up just because one door has closed.
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