Visitor Question

Lawyer dropped my case, what now?

Submitted By: Elizabeth (Lake Worth, FL)

I was stopped at a red light, and a truck with a landscaping trailer on it rear ended me. I sought legal advice, and my friend owns the car that I drive. The attorney made me seek medical advice, and have an MRI. I was scheduled to make a statement to my insurance company, but the lawyer cancelled it. He wanted more information.

It is now six weeks later, I still am in a rental car, and the lawyer dropped the case. What do I do now? Why would my lawyer just drop the case like that? Is dropping a case like that allowed? I’m really lost here. Thanks for any perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Elizabeth,

Read the Contingency Fee Agreement signed by you and the attorney. Your attorney was likely providing legal representation based on that agreement.

The agreement sets out the ground rules for the attorney’s duties to you, and those duties you have to the attorney.

Most contingency fee agreements provide for an attorney’s right to withdraw from a claim for good cause. That cause includes learning the amount of damages isn’t sufficient to support a financially viable claim. (The agreement for legal representation may be called something other than an Engagement Letter.)

You state “The attorney made me seek medical advice, and have an MRI.” To blame the attorney is inappropriate. You undoubtedly contacted a personal injury attorney to represent you in your car collision claim. For the attorney to have any chance of succeeding in such a claim, his or her client (you) would have to have “damages” to support a claim for injuries.

Damages can include your medical and therapy bills, out-of-pocket expenses (for such items as medications, bandages, crutches, costs of travel to treatment, etc.), lost wages, and for your pain and suffering.

The attorney likely directed you to seek medical advice, including the MRI for two reasons. The first was to be sure any injuries you sustained were identified and fully treated. The second was to establish the existence of damages.

While the facts you present make clear the other driver was wholly negligent,

negligence alone is not sufficient to sustain a viable personal injury claim. To succeed in an injury claim requires evidence of negligence AND resulting damages.

You have a minimal amount of damages. It is likely your medical bills didn’t exceed a thousand dollars or so. With that amount of damages, it is understandable your attorney doesn’t want to continue pursuing the claim.

Don’t give up! While your present attorney may have withdrawn from your representation, there may be any umber of attorneys who will accept your claim. Here’s how to choose the best injury attorney for your case.

Be sure to ask your present attorney to give you a letter releasing you of any liability for his or her attorney’s fees. In most cases, personal injury attorneys have a lien on a client’s claim. If you don’t get the attorney to release the lien you will have a very difficult time finding another attorney to agree to represent you.

Learn more here: Auto Accident Claims

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

Published:

One comment on “Lawyer dropped my case, what now?

  1. Alisia says:

    I was being forced to sign a settlement agreement. and the Medicaid and Medicare told me do not sign anything because they were not gonna pay for any future medical things as long as I was still getting treatment. I am in physical therapy I am still going to the doctor for the same problem and my lawyer wanted me to rush and sign the agreement between her and the company. I understand the type of company that it is it gets a lot of donations from a lot of lawyer firms because I know I work there and watch the donations come in from big major companies like lawyers offices and companies around.

    So they’re refusing to pay and I was told not to settle for anything right now .if I’m still under doctors care I’m so confused The doctor that the Workmen’s Comp sent me to they made it permanently that I have trouble with that but they never offer any type of treatment they just wanted me to just hurry up and sign an agreement. I’m so confuse my lawyer just dropped me and said that if I don’t sign it she was not going to represent me no more, so she decided not to represent me and she wanted that money bad she wanted the money .I want to make sure I’m gonna be OK. I needed to know everything about this situation.

    I’ve already lost my job behind it and I love my job they discriminated against me because I was older they didn’t give me a raise they threaten me I’ve been not complain about it. I don’t understand how I was being bullied into rushing to sign in agreement knowing that I am still under doctors care please explain it to me and tell me who to get in contact with because I didn’t sign anything because I’m still going to the doctor for the same problem my doctor even try to get me help.

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