Legal Question in Legal Malpractice in California

Can I sue my personal injury attorney 10 yrs later?

I had a personal injury lawsuit. I was told I had a very good case. (Loads of expenses from 6 days in the hospital, a 6.5 hr surgery, then another 2 hr surgery outpatient, plus inability to work for 4 yrs) The very day that we were supposed to go to trial my attorney got cold feet and decided to settle against my wishes. He told me I had no choice since the time had run out on my lawsuit - (his doing not mine). I said no, that I'd go to court even without him. (I had pictures, a zillion bills, evidence etc)

He settled for $40K and took 40% right away. Before he would give my money, he made me sign a paper, saying I wouldn't sue him, which I've been told isn't legal. I was desperate and felt maybe the paper wouldn't hold up in court. It's been about 10 years and I'm still upset with myself for not pushing him to go to court or for not firing him. I believe I could've fired him and got another attorney.

Can anything be done? At the very least, I would like to ''ding'' him for bad representation. Thank you!


Asked on 3/27/08, 9:30 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Can I sue my personal injury attorney 10 yrs later?

No. Simple as that. Statutes of Limitation apply, and you let them pass years ago.

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Answered on 3/28/08, 12:41 pm


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