Legal Question in Personal Injury in Arizona

My lawyer sued the wrong people

2004 accident. Other party 100% at fault. I am still under doctor care for injuries. Claim was filed timely. Two weeks ago, I found out that my lawyer filed using the wrong names of the defendants and has made generally a lot of serious procedural mistakes that now has jeopardized my claim. The other party filed a motion to dismiss 3/7/08. I just found out by checking online today (Sunday). My lawyer has not told me about this or for that matter anything else. What steps can I take immediately to protect my claim? I am desperate and apparently almost out of time to address my problem. Please help! Marty


Asked on 3/16/08, 1:24 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: My lawyer sued the wrong people

Without all the facts it is not possible to second-guess accurately in this situation. The court may grant leave to amend a suit even after the two year period, depending upon the notice to the correct parties. When you state the "wrong" people were sued, that does not tell the whole story.

Tell your lawyer in writing about your concerns and request a response in writing as to the status of your claim. Good luck to you--hopefully you can get this straightened out.

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Answered on 3/17/08, 11:34 pm


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