Legal Question in Personal Injury in California

Attorney Abandoned Case, what can I do?

I was rear ended back in Feb of 2002, I was seen at a hospital emergency room because my back was stiff, after about 3 months of the other drivers insurance company not returning my calls or giving me the run around I decided to retain an attorney to handle the case, He (The Attorney) sent me to a chiropractor for some sessions in which he advised I did not have to pay for, He (Attorney) filed to protect my statute exactly on the deadline to do so, this was Feb of 2003, I never heard from him since, I have left dozens of messages and never had a call back, I have a log of every date and time I left him a message. As of today I have approx $2000 with of doctor bills on my credit file as collection accounts, I never received calls from creditors since I had an attorney representing the case, the chiropractor called me today and said I need to start making payments on $1800 or I will be sued and wages attached, I have a CHP accident report stating that the other driver was 100% at fault for unsafe speed for conditions as the safe speed for her using her cell phone would be 0. What can I do? I just want these bills to go away. Can I sue the attorney since he apparently abandoned the case and never advised me of anything?


Asked on 1/27/06, 12:24 am

4 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Attorney Abandoned Case, what can I do?

I'd be happy to review the case and see if I can take it over so that we can get you the compensation you deserve. Send me an email or give me a call to discuss further.

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Answered on 1/30/06, 4:22 pm
Sandeep Shah Shah Sheth, LLP

Re: Attorney Abandoned Case, what can I do?

It seems that you should be able to go after the attorney for abandoning the case. That amounts to malpractice.

We deal with such accident cases on a daily basis. If your attorney did in fact file to protect the statute and the case is still pending (i.e. with the insurance carrier), you still may have a chance to recover what you are owed.

If you would like further assistance, please contact me.

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Answered on 1/30/06, 4:26 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Attorney Abandoned Case, what can I do?

This can be a frustrating situation. Your attorney does not appear responsive. The first thing you should do is send the attorney a letter, via certified mail, return receipt requested, and request a written update on the case. Second, you should contact the State Bar at www.calbar.ca.gov and ask them to help. If those two things do not work in getting you a reply that is satisfactory, you should consult with another attorney.

As for the chiropractor, I assume you signed a lien with him/her. If that is the case, remind him/her that the case is pending and that you have a contract that they will wait to get paid until the case is resolved. If your attorney is non responsive after you try one and two, your new attorney should be able to send a letter to the chiropractor advising them of this.

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Answered on 1/30/06, 6:36 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Attorney Abandoned Case, what can I do?

You might check the web site of the court where the case was filed to see what the status is. If it's still pending, then another attorney can help get it back on track. If it's dismissed, an attorney can help get the court to possibly set aside the dismissal.

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Answered on 1/30/06, 6:38 pm


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