My husband slipped & fell in a wholesale store on aug 31, 2011. He broke his hip, had surgery & PT. He hired a lawyer & signed a contract to represent him few days after the accident. The last time we heard from the lawyer was more than a year ago in spite of several calls to his office & letters sent. He never returns our calls. Can we lost by default due to our lawyer's negligence? Can you suggest our next course of action? The accident will be two years next month. Thank you!
4 Answers from Attorneys
You can fire your lawyer and hire a new one. I would do it soon as it seems from the limited information provided that the statute of limitations may expire soon. Feel free to call for an appointment Keith Singer, Esq. 732-749-3700
I am sorry to hear of your difficulties in your representation. If suit was filed, then I'd recommend you continue to follow-up with your attorney to determine the status of your case. If suit has not been filed, then your Statute of Limitations will expire at the end of August 2013, and you might want to retain other counsel to pursue the claim expeditiously. This firm has handled thousands of such claims and we would be happy to speak with you relative to your matter. Please feel free to contact me or one of my partners at (973)635-5400 and we will assist you in whatever way we can.
It is not unusual for a case to proceed for some time without it being resolved, but it is unusual for an attorney to fail to respond to phone calls or letters, or any client contact. You should make immediate inquiry to your attorney, including going to the attorney's office directly if need be, to find out the status of the case, and to request a complete copy of your entire file, if you have any issues with continued representation by that prior attorney. Then contact another attorney to review the file, and make sure that the complaint is filed before the end of August 2013 to protect your rights. Once that deadline passes, there is nothing any attorney can do to protect your rights against the store. If need be, I could meet with you to discuss your case. 856-956-5650.
Hire a new lawyer. Call me anytime at 732/773/2768 to discuss.