Legal Question in Personal Injury in California

Personal injury case

MVA date 06-06-06. Did not agree with insurance settlement. File court case against insurance company on 5-28-2008. Failed to mention the correct defendant. Submitted amended complaint with only defendant name on 09/10/2008. Now defandant att. sent demurrer against complaint using that defendant was not mention on 1st complaint and using statue of limitations to try to have complaint drop. What is my best defense in this situation. thanks


Asked on 11/10/08, 4:57 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Personal injury case

None. You have committed legal malpractice against yourself. You have allowed the statute of limitations to lapse, and you are now So Out of Luck.

The time to call a lawyer was on 06-06-06. Instead, you attempted to handle your personal injury case by yourself.

You certainly saved a bundle on attorney fees.

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Answered on 11/11/08, 2:18 pm
Terry A. Nelson Nelson & Lawless

Re: Personal injury case

"Best defense?" To consult with an experienced attorney and review all the facts, evidence, law, etc., to see if there is any way of preventing your case being dismissed. If you screwed it up the way it sounds like, it may not be possible to save. Talk to someone fast.

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Answered on 11/11/08, 2:37 pm


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