Legal Question in Personal Injury in California

No case filed by attorney after one year of injury.....

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.

Concerned college student.


Asked on 11/20/01, 6:22 pm

4 Answers from Attorneys

Patty Lewis Law Office of Patricia Ann Lewis

Re: No case filed by attorney after one year of injury.....

Your concern may be serious . . . there is a one year statute of limitations in California for personal injury in general . . . there are exceptions . . . you need to provide more details to the attorney of your choice to determine whether (1) the statute of limitations has run; (2) if it has run, what are your alternatives; and (3) if it has not run, what approach you wish to take . . . good luck . . . Patty Lewis . . .

[email protected] . . .

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Answered on 11/29/01, 3:51 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: No case filed by attorney after one year of injury.....

Ordinarily, the Statute of Limitations for personal injury matters is one year from the occurance of the tort. That is, the negligent act, and the discovery of injury. Both elements make up the cause of action. There may be grounds for extending that one year period, such as you are in the hospital as a result of your injury. The period in the hospital may be deducted from the running time to calculate one year.

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Answered on 11/29/01, 12:22 pm
Ken Koury Kenneth P. Koury, Esq.

Re: No case filed by attorney after one year of injury.....

you need to file a legal malpractice case.

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Answered on 11/28/01, 7:39 pm
Mark G. Cunningham McKay, Byrne & Graham

Re: No case filed by attorney after one year of injury.....

There is a one year statute of limitations in California. I don't know enough about your case to render an opinion as to its merits. Please feel free to call to discuss.

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Answered on 11/28/01, 8:09 pm


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