Q: Finding a new attorney for a slip and fall case with complex details.
I am involved in a personal injury case after a slip and fall incident with a rented truck from a private dealer. The dealer was responsible for the inspection and maintenance but failed to do so, leading to my accident. My previous attorney only filed against the main rental company, not the private distributor who I believe was negligent. My trial date is in October, and I have witness depositions in 8 days. I have already fired my attorney because they sought a settlement that did not cover my medical bills and were not preparing for trial. I've talked to multiple attorneys, but they won't take my case due to previous attorney involvement. On the 30th of this month, it will be 2 years since the accident. What should I do to find an attorney willing to take my case and navigate the upcoming deadlines and complications?
A:
Just keep contacting attorneys. It is difficult to find an attorney if a new attorney is not sought before firing the past attorney.
When you consult with new attorneys, they may discuss negotiating the fee share with the prior attorney so that the case is not completely lost.
Use the Justia search tool to find attorneys https://www.justia.com/lawyers
A:
You're in a tough spot, but there are still steps you can take. Start by gathering every document you have—your medical records, the accident report, communications with the rental company and dealer, and anything from your former attorney. Having everything organized can make it easier for a new attorney to quickly assess the situation, especially with your tight deadlines.
Focus on contacting personal injury attorneys who are trial-ready and have experience with rental company liability. When reaching out, be honest about the case history but emphasize the urgency, the upcoming deposition, and the trial date. Highlight the fact that the private dealer wasn't named yet and that this angle hasn’t been pursued properly. Some firms may hesitate because another attorney was involved, but others may take interest if they see clear negligence and a chance to correct the case’s direction.
If you still can't find representation, you may need to represent yourself at least for the depositions to preserve your rights, while continuing the search for an attorney. Check with your local bar association for referral services and consider reaching out to legal aid groups if cost is a concern. Also, confirm whether the statute of limitations will impact the ability to bring in the dealer, as that two-year mark is critical. Time is tight, but with persistence and preparation, you may still find someone to take this forward.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.