I was retained by a client to represent her in a personal injury case. She had been injured while shopping at a national chain store in Germantown. She underwent surgery to repair her damaged body.
The store had made a $42,500 settlement offer. My client rejected the settlement offer; and I filed a personal injury lawsuit in Montgomery County Circuit Court.
The client instructed me to approach a well-known Montgomery County attorney to serve as my co-counsel. I provided this attorney with my client’s complete medical file, including medical records showing that she had suffered a prior injury to the same area of her body.
This attorney declined to co-represent my client based on his belief that the client would not be able to prove that her injury was caused by her accident at the national store; and he recommended that the client accept the $42,500 settlement offer from the store.
On the other hand, I never doubted that my client would be able to prove she had been injured as a result of a dangerous condition in the store, and that she had received medical treatment for a new injury, as opposed to a pre-existing condition. I continued to represent the client by myself.
Within a few months, I was able to settle my client’s case for more than twice the amount of the national store’s initial offer.
Practice pointer for clients:
- Attorneys will have different opinions of the value of your personal injury case. It is always important to retain an attorney who believes that your case is winnable. If an attorney expresses doubt as the value or merits of your personal injury case, you should seek a second opinion.
- Even if it may be difficult to prove negligence, causation, and/or damages in your personal case, you should not give-up. The defendant may also recognize that it may not be easy to carry its defenses. A settlement allows both parties to manage their risks.
- If a personal injury attorney tells you that he or she never loses, it means that the attorney avoids handling difficulty cases.