Q: Bilateral calcaneous fractures with multiple complications, along with 2nd degree burns over 2/3's of my back. I was pumping oil into a railcar at work and the oil somehow had water in it and the oil blew up when the water hit it and I jumped from 13 feet, landed on both feet.
I will be undergoing my second surgery on my left heel on Sept 10, 2002 and my return to work in the same capacity, or anything close, is slim to none and I will never walk correctly again. I have very limited side to side range of motion in my right foot and they believe this problem will not be much better ever.
I have already retained the services of a laywer but I would like a consultation with your firm because I feel my laywers may not be agressive enough.
--Aaron, Taylorville, IL
Based on the limited facts contained in your inquiry, it appears that you were working with a railway of some sort and therefore may fall under the FELA. I hope for your sake that you do since the level of compensation is far more reasonable and just then the WC system. By receiving the protection of the FELA laws, you are entitled to have a jury of your peers decide your case. Damages for pain, suffering, disability and lost earning capacity can be recovered if liability is proven. FELA law is liberal in its protection of the injured.
Products liability issues are also raised by you email. Product liability involves the failure to manufacture a safe product and/or maintain that product. Products law also provides you with the right to a jury and more favorable laws on damages. Underlying all this is your right to Workers Compensation benefits.
There are numerous other inferences raised by your email. How did the water become involved? Why did it blow up? These are issues that raise the question of whether there is a third party products claim, negligence claim or FELA liability. All need to be evaluated closely especially in light of the life altering injury you sustained. If the case is filed, the case needs to be aggressively prosecuted for the same reason. Isn't that what a person with this injury deserves?
As to changing attorneys, the law in Illinois is very favorable toward the client. You have a right to discharge your attorney if you lost trust or confidence in the attorney. Generally, the new attorney who takes over the case will pay the old attorney his fee out of the new attorney's fee. This way you suffer no financial consequence of changing lawyers. You should not be the one who suffers by switching lawyers. The lawyers should be.
I am not suggesting a change in lawyers. I would be giving you bad advice if I did so. This is a very personal decision that you must make based on your trust and confidence in your lawyer. Hopefully, your lawyer recognizes your difficult circumstances and will be there for you. Finally, you want a great lawyer to prosecute the claim for you.
Consulting with others is a smart idea. Many are too afraid to do so. But, it is always smart to research and/or obtain more information. The worst that can happen is that you will become smarter due to your efforts.
As to a consultation, we would be pleased to consult with you. There is no charge. It is the least we can do considering what you are going through. You are welcome to call, email or have us call you. I wish you the best.