Legal Question in Personal Injury in Maryland

Injury filing

I was hit from behind in Fairfax va, I got a lawyer but they let the limtlatations run out, 2 yrs in Va.. I was told that I could still try the case in Maryland? is this true? I am right now looking to suite my old lawyer, with this new one but I don't know if I can still go after the guy that hit me and his insurance company? can you give me some answers? Can this be done?

Asked on 9/15/05, 10:51 pm

6 Answers from Attorneys

Jonathon Moseley Moseley Legal Associates LLP

Re: Injury filing

Virginia has a rather strange way of looking

at the statute of limitations, in which the

time is determined by the type of injury,

rather than by the reason for the injury.

Injury to property generally has a 5 year SoL

while injury to the person generally has a 2

year SoL.

So, it is not clear from your question whether

you are seeking reimbursement for damage to your

car or personal injury to yourself. It may be

that you could sue for damage to propety up to 5

years, although people rarely if ever do that

because they are normally seeking damages for personal injuries. But you might at least be

able to sue for damage to property for up to 5

years. Note that I have not researched this

question and it WOULD be hihgly unusual to take

such an approach and sue for a car accident after

2 years, and it might not work. But it is a

possibility that should be investigated before

giving up entirely.

Although you may have a claim for malpractice

against the attorney, you should ASSUME for now

that you do NOT and try your darndest to sue

the driver (which really means suing the

insurance company). You can only sue the attorney

for what you have lost because of his failure to

act. If you don't try to collect the money now,

you might NOT be able to collect ANYthing from

the attorney. You will have to show that "but

for" the attorney's failure, you would have

collected $X. If you don't pursue all options

now, you might not be able to prove that the

attorney's failure was the ONLY reason you lost

the money. The attorney might be able to say

that you still had the chance to recover the money

and YOU did not follow up on other possibilities.

I would also see if you could sue the insurance

company for bad faith in not honoring the claim.

ALthough this is NOT an area I am familiar with,

in your situation you need to run down all of

the options that might save a bad situation, and

it is a thought that an attorney should

investigate. Your chances of that are probably

better in Maryland than in Virginia, because

Virginia is not consumer friendly.

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Answered on 9/19/05, 10:35 am

Daniel Press Chung & Press, P.C.

Re: Injury filing

If the guy that hit you is a MD resident, you can sue in MD for 3 years. If that's the case, you do not have much of a malpractice claim against your former lawyer, since you can only recover once.

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Answered on 9/15/05, 11:24 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Injury filing

Jurisdiction of a claim lies where the collision occurs. In your case, this would be Virginia. This does not fully address your question.

The driver is a Maryland resident and assumedly insured in Maryland. Issues may be present with this Maryland insurer.

Depending on how the claim was administered you may or may not have an action in Maryland. I require further details to address this point.

Although the Virginia attorney may have done a poor job which constitutes malpractice, you should acquire the services of a Maryland attorney who can handle this matter since the Virginia attorney may become advesarial to your issue. Again, I require further details as to whether an issue of malpractice exists.

Given that the Statute of Limitations is running on any complaint that could be filed in Maryland, time is of the essence. Speak with an attorney who has an ability to handle complex matters involving insurance and attorney ethics.

Contact me immediately should you require assistance. My assistant is available should you want to fax or otherwise send documents. Please understand that I am under no obligation until we have a contract and I will require documentation BEFORE signing with this matter. Your timeliness is essential to any possiblily of a positive outcome with an insurance claim or filing of a complaint. (410) 750-2567.

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Answered on 9/15/05, 11:51 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Injury filing

You need to:

1) Write to former lawyer, certified mail return receipr, demanding return of your file within 10 days.

2) Retain VA lawyer to sue for malpractice.

3) Write to VA State Bar.

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Answered on 9/16/05, 3:03 am
Robert Corish Corish, Hill & Associates, PLLC

Re: Injury filing

Your only recourse appears to be a suit against the lawyer. There would not be a cause of action in Maryland since the accident occurred in Va. I assume the attorney was licensed in Va.

You need to consult with a Va. attorney regarding any potential legal malpractice action. I am available for that type of case. No charge for initial consult.

Bob Corish (703)796-6050

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Answered on 9/16/05, 10:49 am
Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

Re: Injury filing

You can bring a claim against the other motorist who caused your accident where he/she lives, works, or where the accident happened. In Maryland you have 3 years to file your case in Court. Why is your claim still pending? Did the insurance company deny liability or make an unacceptable offer of settlement? Were you paid for the property damage/loss of use?

I would be happy to help you. If the claim cannot be brought outside the State of Virginia and your attorney allowed the statute of linitations to run on your claim, he/she will be liable to you for what you could have recovered against the motorist.

My telephone number is 301-220-2200. I look forward to hearing from you. A resolution of your claim is long overdue...

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Answered on 9/16/05, 11:39 am

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