June 9, 2009 I was hit from behind auto accident. Hired a attorney, attorney filed a
Praecipe for Writ of Summons on 06/10/2011, it was returned Returnable:07/09/2011., on 12/20/2011 a Praecipe to Reissue Writ of Summons was filed.Sheriff Return with summons served on 01/14/2012 on Defendants. A Complaint was finally filed 04/27/2012. Can the Defendants have it removed because of the statute?
Thank you and any help will be appreciated.
PS. Accident was in Pennsylvania.
2 Answers from Attorneys
The language you use leaves me w/ a few questions. But if you got injured on 6/9/09 and Praec for Summons was filed on 6/10/11, it looks like your atty missed the statute of limitations. That case should get dismissed (thrown out) and you should have a legal malpractice claim against the lawyer. That answer is based on several assumptions. You should meet, personally, w/ an experienced injury/malpractice atty to discuss the details.
Mr Senkers answer is entirely correct. Sounds like your lawyer failed to timely file the Praecipe for issuance of a writ of summons prior to expiration of statute of limitation. The act of having the writ reissued was a meaningless act. If you suferred injuries in that accident you should see a lawyer with experience in atty malpractice suits.
Related Questions & Answers
If there is an accident and there is no police report filed that same day, can there... Asked 4/08/13, 7:21 pm in United States Pennsylvania Personal Injury Law and Tort Law
My neighbors want property that I own. I had it surveyed in 2009, all their claims... Asked 4/06/13, 10:22 pm in United States Pennsylvania Personal Injury Law and Tort Law
My son was in a bar and a fight broke out. My son was hit on the side of his face... Asked 3/18/13, 4:06 pm in United States Pennsylvania Personal Injury Law and Tort Law
I stayed at a hotel and had to be rushed to the hospital for Bells Palsy, I think I... Asked 3/14/13, 5:07 pm in United States Pennsylvania Personal Injury Law and Tort Law
Here's my question my dad went to the local gym and after he got out of the pool he... Asked 3/05/13, 10:34 am in United States Pennsylvania Personal Injury Law and Tort Law