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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If the person mopping the floor when I had my slip and fall

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If the person mopping the floor when I had my slip and fall stated at the time that he saw me come out of a door way, walk around a cone and then proceed to fall on the ground and then at the deposition said he was inside a room heard me yell and then came to see what had happened. My lawyer was going through with my case until my son told him to stop being so rude to me. Now I am fighting that. My lawyer does not seen to notice this kid is lying/changing his story and I am loosing due to his statements. Can I sue the mopper personally since he is lying and causing me to loose my case?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Can I sue the mopper personally since he is lying and causing me to loose my case?

The answer is technically yes, although you would have to prove that he is lying. If you feel that you can do this, you may pursue him for DEFAMATION. The elements of a defamation claim are: publication of a statement of fact that is false,
unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. See Cal. Civ. Code §§ 44, 45a, and 46.

Publication can mean either written (libel) or verbal (slander) communication.

However, it may be impractical to be involved in two cases at one time.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 4 years ago.

So, should my case be dropped I could sue him for defimation and do I need a lawyer to do so? If I need a lawyer who would take the case?

Thank you for your follow up.

So, should my case be dropped I could sue him for defimation

Yes, you still can.

...and do I need a lawyer to do so?

Yes, while this is not mandatory, it is recommended.

I> If I need a lawyer who would take the case?

May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The attorney may take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 4 years ago.

What kind of lawyer do I look for criminal, business, etc.

Friend,

This would be under the following:

GENERAL PRACTICE

or

LITIGATION

or

TORT LAW.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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