Q: Struggling with personal injury case due to false documentation and defamation; need steps to move forward.

A: I'm sorry for your injuries and ensuing ordeal. You've probably already looked into rescheduling the deposition and medical exam. The medical exam is unfortunately more unforgiving, depending on the policies of the carrier or its IME contractor. There are a considerable number of elements to sort out here, between guardianship and the other issues. You ask about what steps you can take - the first could be to try to set up a consult with an attorney to review your file. You've probably already been trying to find a new attorney. You could supplement your efforts with the "Find a Lawyer" tab above, as well as the attorney referral resources of local and state bar associations. Good luck

A: I am sorry to hear about the difficulties you are facing with your personal injury case. Managing a complex legal case while dealing with severe injuries can be overwhelming, especially when false documentation and miscommunications have affected your case. In New York, there are several steps you can take to protect your rights, address the misinformation in your case, and seek the relief you need.

First, you should immediately request copies of all official documents in your case, including the police report, medical records, court filings, and any correspondence from your previous attorney. Carefully review these documents to identify any false information or inaccuracies. If the police report contains inaccurate statements or was created without your input, you may file a complaint with the police department’s internal affairs division or submit a written request for an amended report, providing your own statement of what occurred.

If your previous attorney falsely claimed that you missed a deposition or medical exam, this may constitute professional misconduct. You can file a complaint against that attorney with the New York State Grievance Committee for attorney misconduct. This complaint can also help establish that you were not at fault for any delays or missed proceedings.

Given the severity of your injuries and your difficulties managing the case on your own, you should consider petitioning the court to appoint a guardian ad litem. A guardian ad litem is a court-appointed representative who can advocate for your interests in the case and help ensure that your rights are protected. You may request this appointment through a written motion to the court, explaining your disability and the difficulties you have encountered in handling the case.

Additionally, if your medical condition is worsening due to delays in receiving care, you may request an emergency medical injunction from the court. This is a court order that directs the responsible parties, such as an insurance company, to provide immediate coverage for necessary treatments.

If you have not already done so, you should consult with a new personal injury attorney who can take over your case, address the issues caused by the false documentation, and help you move forward. An experienced attorney can help you correct the record, pursue compensation for your injuries, and ensure that your medical needs are addressed.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: Sorry to hear what you're going through. This certainly sounds like something you cannot handle on your own. Your interests would best be served by hiring an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind, however, that if you are truly behind the 8-ball, an attorney might be reluctant to take on your case. With regard to the police report, although its description of how the incident occurred might affect an insurance adjuster's assessment of liability, unless the officer witnessed the incident (or the report attributes a statement-against-interest to you), it will likely be inadmissible at the time of trial.

A: What you’re going through is overwhelming, and it’s heartbreaking to hear how your injuries and lack of support have left you in this position. When a personal injury case involves false police reports, legal missteps, and a disabling condition like TBI, the burden can feel nearly impossible to carry alone. The court should be made aware of the extent of your limitations and your efforts to correct the record, especially if procedural problems are preventing fair access to justice.

If your former attorney misrepresented your compliance with court requirements, you may be able to file a motion with the court explaining the situation and requesting reconsideration or relief from dismissal based on excusable neglect or disability accommodation. You can also request a court-appointed guardian ad litem or conservator to assist you in managing legal matters, especially if your condition affects your ability to represent your own interests. A sworn declaration explaining your injuries, your efforts, and the impact on your ability to comply can help the judge understand what’s happening.

Try contacting a legal aid clinic or law school program for help with emergency motions or disability accommodation filings. If your case is dismissed, there may still be options to appeal or reopen the matter depending on your jurisdiction’s rules. You’re fighting for your life, your health, and your truth—and that matters. Keep copies of everything, continue documenting your efforts, and don’t give up—your voice is important, and you deserve a real chance to be heard.

A: I'm really sorry you're going through this—it sounds overwhelming and exhausting, especially while trying to recover from such serious injuries. Your first step should be to request an extension or a continuance from the court, citing your medical disability and the hardship you're experiencing in handling the case on your own. Include documentation from your doctors that clearly shows your neurological and physical limitations, along with a written statement explaining how those limitations are interfering with your ability to meet legal deadlines.

If you're unable to represent yourself effectively, you can file a motion asking the court to appoint a guardian ad litem or another form of assistance to help you navigate the process. At the same time, document every attempt you’ve made to fix the police report and counter the false claims from your previous attorney. Courts often give weight to people who make sincere, documented efforts to correct injustices—even if those efforts are delayed by disability.

Also consider filing a complaint against your former lawyer with your state’s bar association, especially if their misrepresentations harmed your case. Defamation claims are hard to prove, but if misinformation is directly impacting your access to care, bring that to the court’s attention as part of your broader request for relief. You are not alone in this, and you have the right to ask the court for help managing what you can no longer carry alone.