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Re: legal action ??? toomuchpain

Posted by Racer on May 28, 2004, at 21:00:21

In reply to legal action ???, posted by toomuchpain on May 28, 2004, at 11:08:48

I've got a couple of questions for the lawyer, before you even consider the idea of following through on it. First, of course, is: how did he find out about this in the first place? How did he know how to contact you? Those questions would really bother me, because proactive telephone calls from lawyers always make me suspicious -- the lawyers I know wait for a potential client to come to them, and they're all lawyers I trust. (Well, since they're people I know socially and professionally, it's not surprising I trust them, but they're all reputable attorneys.) Calling a potential client strikes me as being a form of abulance chasing, and it really makes me nervous.

Second question is: how will he be billing? Is this a civil suit for damages? If so, is this going to be on contingency? If it is, he's got a stake in the case and in winning it, but make sure that his share is based on getting a percentage of the award, NOT on "when we win, we'll settle the bill." I know the rules in my own state -- attorneys get one third in cases on behalf of adults, one quarter on behalf of minors -- but I believe those rules are state by state.

The more important question, though, is whether you feel strong enough to endure something that even perfectly healthy people find overwhelmingly stressful? Find out what the statute of limitations is for this sort of thing in your state, and then use that as a timeframe for making a decision. Right now, it may feel as if you have to *do* something right now to strike back, and it may feel as if this is the right thing to do. You have time, though, to make this decision. Even if you do sue, the only thing that will happen right away is you'll lose the therapist you have now -- someone who has shown herself willing to act in your behalf. Is that what you want to do right now? Or would you rather give yourself some time to recover from this recent blow?

Best luck to you, whatever you do.


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