Legal Question in Legal Malpractice in California

A year since car accident attorney has not filed case, what do I do?

I was in a car accident a year ago. I went to the doctor, my car was totaled, my so called attorney has held my case for a year now, since that date and has yet to file a law suit or even a claim. What do I do? I have not received my car deductible, does this mean I will never recover that money? What about my medical expenses? What can I do, where should I go, do I have a case? Thank you for your time and consideration. It is greatly appreciated.

Concernec college student.


Asked on 11/20/01, 1:06 pm

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: A year since car accident attorney has not filed case, what do I do?

If the accident occured more than a year ago, and you had physical injuries, then the statute of limitations has passed. You are then in immediate need of an attorney to file a malpractice case for you. A legal malpractice case is almost like two cases. First, that the other attorney was negligent in not taking action (pretty easy), and second, that you would have recovered in the accident case.

If it was less than a year ago, find another lawyer right away to file the suit.

In either case, feel free to call me at 925-924-0100

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Answered on 11/20/01, 7:30 pm
Larry Rothman Larry Rothman & Associates

Re: A year since car accident attorney has not filed case, what do I do?

If more than one year has passed (1 year statute of medical) or 3 years on property damage), and liablity exists, you might have a case against your prior attorney. I will be glad to review all of your documentation and consult with you for no charge.

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Answered on 11/20/01, 8:04 pm

Re: A year since car accident attorney has not filed case, what do I do?

If the accident occurred in California then yes you do need to be concerned if you sustained a personal injury, i.e., bodily injury. This is because the statute of limitations for a personal injury claim is typically one year from the date of the injury. A lawsuit must be filed within one year of the date of injury in order to comply with the statute of limitations. Failure to do so results in the loss of rights to seek recovery from the negligent party.

If your only damage was to your vehicle then the statute of limitations is generally three years from the date of the accident.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557

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Answered on 11/20/01, 4:35 pm
Joel Selik www.SelikLaw.com

Re: A year since car accident attorney has not filed case, what do I do?

Has a year passed? If so, it is time to hire a malpractice attorney. Free Consulation 800-894-2889.

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Answered on 11/20/01, 5:15 pm


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