Third Party Lawsuit, Attorney withdrew

[mpm359]

I had a work related auto accident in which I had 2 disc herniations in my neck. This goes back to 2003. Prior to the accident I seen a chiropractor and my Family physician and complained about neck pain. Because of this my attorney withdrew from representing me. Theirs no where in my medical history that states or shows cervical herniated discs prior to the motor vehicle accident in 2003. I don't understand it, the accident caused the disc herniations. Their saying I lied about previous neck problems. All I told them was I never had a neck injury before. Any suggestions? Will another lawyer take on my case?

[seniorjudge]

Review your case with other lawyers to see if anyone will take it on.

From your post, it doesn't sound good, though; it sounds like it was a pre-existing condition.

[mpm359]

Review your case with other lawyers to see if anyone will take it on.

From your post, it doesn't sound good, though; it sounds like it was a pre-existing condition.

How can it be a pre-existing condition. In 2001 I had a cervical exray and it shows no disc hernition.

[Mr. Knowitall]

You complained about neck pain, repeatedly sought medical treatment for neck pain, and even had a doctor order cervical x-rays for neck pain, then you said you had never had a prior neck injury. Sorry, but whatever your intention, most people would interpret that as a lie.

X-rays are not particularly good at picking up soft tissue problems, and thus may not reflect a prior disc herniation or disc bulge. The bigger question is what change occurred in your symptoms following the accident. Correct me if I'm wrong: My guess, based upon the lawyer's withdrawal, is that there was little to no documented change.

[mpm359]

You complained about neck pain, repeatedly sought medical treatment for neck pain, and even had a doctor order cervical x-rays for neck pain, then you said you had never had a prior neck injury. Sorry, but whatever your intention, most people would interpret that as a lie.

X-rays are not particularly good at picking up soft tissue problems, and thus may not reflect a prior disc herniation or disc bulge. The bigger question is what change occurred in your symptoms following the accident. Correct me if I'm wrong: My guess, based upon the lawyer's withdrawal, is that there was little to no documented change.

Neck pain could have been caused by muscles, arthritis,stiff neck, My symptoms are totally different than from my prior neck pain. Refine neck injury? I have had neck pain but no injuries.

[Mr. Knowitall]

Neck pain could have been caused by muscles, arthritis,stiff neck

And that game didn't fly with your lawyer? To think.

So could your present symptoms.

[mpm359]

And that game didn't fly with your lawyer? To think.

So could your present symptoms.

I guess the accident never happend! 2 nuerosurgens directly stated that the impact from the accident caused the discs to herniate.

[aaron]

I have yet to encounter a neurosurgon who would make such a statement. They instead say things more like, "the herniations are consistent with injury resulting from the accident, as described by the patient."

Assuming the statute of limitations has not run, if you in fact have two neurosurgeons willing to testify under oath that the herniations resulted from the accident, and that your symptoms result from the herniations separate and apart from any pre-existing conditions, you should have no problem finding a new lawyer to represent you.

[mpm359]

I have yet to encounter a neurosurgon who would make such a statement. They instead say things more like, "the herniations are consistent with injury resulting from the accident, as described by the patient."

Assuming the statute of limitations has not run, if you in fact have two neurosurgeons willing to testify under oath that the herniations resulted from the accident, and that your symptoms result from the herniations separate and apart from any pre-existing conditions, you should have no problem finding a new lawyer to represent you.

Thats the problem, its a small case and the attorneys would have to spend 20-30,000 for them to appear in court. Would I be able to represent myslf? Win or lose it does't matter, its been a very stressful 3 years.

[aaron]

Nonsense. If they're your treaters, they can testify as fact witnesses. If they're experts, they've already been paid to prepare their reports and those will already be available to submit to the defense. If the defense wants to depose them, the defense would normally have to pay their fee, and if they tried to charge $20,000 for a deposition the court would order them to charge only a reasonable fee. Very few cases go to trial, and medical experts frequently testify via trial deposition rather than appearing live in court.