Grabbit Allworth
Ahn'Qiraj Raider
- 1,807
- 7,484
I'm not looking for legal advice (although any actual real advice will be considered). I just need to bitch to someone besides my wife.
I'm a railroad conductor who was seriously hurt on the job last year. I ruptured multiple discs in my lower back and neck. I am having a spinal fusion to fix the discs in my neck in a few weeks. My ortho has disabled me from ever returning to my previous profession due to the physicality. Rail workers are covered under FELA. It's a relatively unique law that allows rail workers to recover nearly every economic loss if injured on the job and liability is established (which is extremely easy due to a number of acts).
Anyway, the special damages of my case are well over 2 million dollars (past/future wages, medical bills, and fringe benefits) before general damages (pain and suffering, lost of enjoyment of life, etc) are even factored in. The actual value of the case is probably 3 million. We're about a month before trial and just went to mediation. The company offered me 400k and a full ride to a college of my choice (within reason). I said, get fucked, we're going to trial.
So now, I start really gearing myself up preparing for the battle ahead. I start asking questions like "How many cases have you tried?", " Where were they?", "How many have you won/lost?", etc. And he refuses to answer me. Which raises HUGE red flags for me. Not to mention a host of other problems I won't go in to. I wanted to fire him once before, but was afraid to change counsel mid stream, but now that I have decided to go to trial there's no way in the world I can allow this guy to represent me, but if I fire him I might do more harm than good.
I know what you're thinking....Why didn't I ask these questions to begin with? Well, this firm is one that is vetted and recommended by our union. I trusted them.
I'm a month from trial and want to fire this guy and hire a team that I know will do well (I already have a team if I can bring myself to pull the trigger), but I'm not sure a month is enough time for them to really prepare to win a trial. The case is good, but not a slam dunk. Liability, and damages are a lock but I have some credibility issues. I lied on my application when I was hired 8 years ago although that doesn't make me any less entitled to benefits under FELA, and I lied during deposition about something completely irrelevant but the defense will work on convincing the jury that I am a liar, period. And that I am grossly exaggerating my injuries (completely false).
Save the "You're a dumbass comments". I know it was stupid, but when a civil defense team is prying every bone out of your closet and throwing it out on the floor for everyone to see, it can be quite embarrassing and I got defensive.
Anyway, this shit is keeping me up at night and I just needed to bitch.
I'm a railroad conductor who was seriously hurt on the job last year. I ruptured multiple discs in my lower back and neck. I am having a spinal fusion to fix the discs in my neck in a few weeks. My ortho has disabled me from ever returning to my previous profession due to the physicality. Rail workers are covered under FELA. It's a relatively unique law that allows rail workers to recover nearly every economic loss if injured on the job and liability is established (which is extremely easy due to a number of acts).
Anyway, the special damages of my case are well over 2 million dollars (past/future wages, medical bills, and fringe benefits) before general damages (pain and suffering, lost of enjoyment of life, etc) are even factored in. The actual value of the case is probably 3 million. We're about a month before trial and just went to mediation. The company offered me 400k and a full ride to a college of my choice (within reason). I said, get fucked, we're going to trial.
So now, I start really gearing myself up preparing for the battle ahead. I start asking questions like "How many cases have you tried?", " Where were they?", "How many have you won/lost?", etc. And he refuses to answer me. Which raises HUGE red flags for me. Not to mention a host of other problems I won't go in to. I wanted to fire him once before, but was afraid to change counsel mid stream, but now that I have decided to go to trial there's no way in the world I can allow this guy to represent me, but if I fire him I might do more harm than good.
I know what you're thinking....Why didn't I ask these questions to begin with? Well, this firm is one that is vetted and recommended by our union. I trusted them.
I'm a month from trial and want to fire this guy and hire a team that I know will do well (I already have a team if I can bring myself to pull the trigger), but I'm not sure a month is enough time for them to really prepare to win a trial. The case is good, but not a slam dunk. Liability, and damages are a lock but I have some credibility issues. I lied on my application when I was hired 8 years ago although that doesn't make me any less entitled to benefits under FELA, and I lied during deposition about something completely irrelevant but the defense will work on convincing the jury that I am a liar, period. And that I am grossly exaggerating my injuries (completely false).
Save the "You're a dumbass comments". I know it was stupid, but when a civil defense team is prying every bone out of your closet and throwing it out on the floor for everyone to see, it can be quite embarrassing and I got defensive.
Anyway, this shit is keeping me up at night and I just needed to bitch.
