Incompetent attorney

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.

Venturo_sl said:

QFT

It would be nice to get a description of what went down. Unless another employee caused it, or gross misconduct on your employers part... most of these cases look* like pieces of shit trying to get paid off for their own negligent actions. (No, not saying you OP, hence the request for details on your case)

Click to expand...

There was an oil leak on the locomotive (very close to strict liability) that I wasn't aware of. When I went to dismount, I fell roughly 7 feet. The company security cameras caught the fall on tape. I didn't know it until I saw the tape, but the fall knocked me out for over a minute.

Like I alluded to in my original post, FELA holds railroads to a much higher standard in terms of providing a safe place to work and much more severe penalties for not doing so. Reason being is that working for a railroad is an extremely dangerous job and for a long time they just used people up (catastrophic injury or death was very common). This is still true, but to a much lesser degree.

I'm aware of the logistics of having to pay both attorneys. What's likely to happen is they will decide how the contingency fee is split between them. I'm not worried about that. I am just worried that I will pass this settlement offer (although not nearly enough), switch teams, lose the trial, and get nothing.

Araysar_sl said:

cant you get a continuance if you switch the legal team?

Which railroad is it?

Click to expand...

I don't know. CSX.

FELA damages are nothing like workman's comp. A very large portion of permanent disability cases (although I am not completely disabled, just unable to perform the scope of my previous duties) is lost wages. Under FELA you're entitled to everything you would have made during your career + past and all future medical bills related to the injury + the value of all fringe benefits including retirement (railroad retirement is very good) and then whatever the jury would award you in general damages.

My employer/defense learned "everything" about me during discovery. Railroads get sued a lot and considering how much more valuable the average case is, they leave no stone unturned.

A lot of suits come from people hurt at crossings.

And I am not sure what railroads you are referring to (maybe passenger?), but Class I freight companies are extremely healthy and making more money than they ever have with even more growth forecasted.