How long do I have to pursue an auto accident and personal injury case? 55 Answers as of July 04, 2013

I was hit by a car 3 years ago. I had a so called lawyer working on my case and when I asked her the status, it had been that she just stopped working on my case without letting me know. The medical bills are piling up and I want the lady responsible for hitting me to be responsible for the bills too... Is it too late to pursue this case?

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Jones, Boykin, & Associates, P.C.
Jones, Boykin, & Associates, P.C. | Noble L. Boykin, Jr.
The question of how long you have to pursue a personal injury case is that it varies from state to state. If you are considering pursuing such an action, you should contact an attorney immediately. Some states have shorter statutes of limitations in which a case must be filed and some longer. Statute of limitations, however, only affects filing it in court. If your previous lawyer already filed the action in court then there may be no substantial problem due to the passage of time. The second point of your inquiry in regard to a lawyer essentially stopping work on your case without letting you know is more troublesome. A lawyer has a duty to continue representing you if they undertake representation unless they notify you to the contrary. A lawyer cannot "abandon" a client. Abandonment usually means essentially dropping the client's case without informing them to the detriment of the client. If the lawyer did in fact abandon you, then even if the time has run on your underlying personal injury action, you many have a claim for malpractice against the lawyer who did so.
Answer Applies to: Georgia
Replied: 6/27/2011
The Law Office of Eric R. Chandler, P.C., L.L.O.
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
You have four years in Nebraska, assuming you are not dealing with some type of government agency or political subdivision. So no, it is not too late to pursue your claim; however, it sounds as if time is running out. If your previous counsel has withdrawn, or if you no longer want them to represent you, you should contact a new attorney as soon as possible to avoid missing the statute of limitations.
Answer Applies to: Nebraska
Replied: 6/24/2011
Sariol Legal Center
Sariol Legal Center | Frank R. Sariol
In California you have two (2) years to file your lawsuit or lose your rights altogether. If your attorney did not file it for you, he/she may be liable to you for malpractice. Call your attorney and ask him/het what was done.
Answer Applies to: California
Replied: 6/24/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
No. You have 4 years so hurry and call a personal injury attorney.
Answer Applies to: Florida
Replied: 6/23/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
In Oregon the statute of limitations for personal injury generally is 2 years from the date of the accident. If you had an attorney working on the case prior to the statute running out and she failed to file a lawsuit or settle your case prior to the limit, then you have a cause of action against the attorney for legal malpractice. You should contact an attorney that specializes in that field and they can pursue that case for you.
Answer Applies to: Oregon
Replied: 6/23/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Absolutely not! You have 5 years, but you need to hire a new attorney ASAP! If you are still treating 3 years later then you clearly had a serious injury and your case should be taken seriously. Please feel free to call my office for more information or a private case evaluation.
    Answer Applies to: Missouri
    Replied: 6/23/2011
    Tomalas Law Firm
    Tomalas Law Firm | Ryan Tomalas
    In California there is a two (2) year Statute of Limitations in California that applies to most personal injury cases. This means that if you have not settled your claim or filed a lawsuit by the second anniversary of the accident, you may lose your legal rights against the responsible party. In the context of your claim, this means that if a lawsuit was not filed in relation to your injury claim, you likely can not pursue a claim against the person who caused the accident (or their insurance company). HOWEVER, if you had an attorney working on your behalf and that attorney did not resolve your claim, file a lawsuit on your behalf before the expiration of the Statute of Limitations, or put you on notice [1] that they were terminating the attorney client relationship, and [2] that the Statute of Limitations would expire 2 years from the date of the accident, you may have a professional malpractice claim to pursue against the attorney. (Practically this could result in the same type of recovery that you would have received from the original injury claim.) We handle professional malpractice matters.
    Answer Applies to: California
    Replied: 6/23/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Your medical bills should have been covered by No Fault. I dont understand why you are paying anything. The statute of limitations for personal injury cases against private individuals in the State of New York is three years.
    Answer Applies to: New York
    Replied: 6/23/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    In Virginia the statute is two years so it is too late unless the lawyer has filed suit to stay the statute of limitations.
    Answer Applies to: Virginia
    Replied: 6/23/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    In Texas you must file a lawsuit within two years of the date of accident. You may have a legal malpractice claim against the attorney for allowing the statute of limitations to run without your knowledge.
    Answer Applies to: Texas
    Replied: 6/23/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    In California the statute of limitations for adults injured in an accident is 2 years. Your case against the person who hit you is over. However, you have a claim against the lawyer for her failure to protect the statute of limitations. Send her a letter demanding that she pay your medicals or you will take action against her.
    Answer Applies to: California
    Replied: 6/23/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Normally, the statute of limitations in California for personal injury claims is 2 years from the date of the accident. If you formally retained this attorney and she abandoned your case without advising you, you may have a claim for legal malpractice against this attorney. You have one year from the date you learned, or should have learned, of the malpractice to file a lawsuit against her, but no more than 3 years from the date of the malpractice. Consult with an attorney experienced in legal malpractice cases to assist you. You can contact me for a free consultation. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
    Answer Applies to: California
    Replied: 6/23/2011
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon the period of time to file a lawsuit is 2 years. If your attorney ignored this 2 year period, you have a legal malpractice case against your attorney.
    Answer Applies to: Oregon
    Replied: 6/23/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Elizabeth Beason Moore
    Do you know a lawsuit had been filed for you? If not, in Alabama you may have missed the time to be able to file. There are certain situations where that is not the case. I would need to know more details to assess the situation.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. Although there is a two-year statute of limitations to file suit, you may have a legal malpractice case if your lawyer failed to advise you of the time limit. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.
    Answer Applies to: Illinois
    Replied: 6/22/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    In your injury question, you refer to a "so called lawyer." Does this mean you hired a lawyer or that you just have a knowledgeable friend helping you. If you actually retained a lawyer and he or she is not doing what they are supposed to be doing, you have recourse. You can hire another lawyer to conclude your case and see what can be done about your other lawyer. You can also contact your state bar association and complain. But you need to act now. Don't wait and hope that things work out. Get in touch with another lawyer today.
    Answer Applies to: Virginia
    Replied: 6/22/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have 3 years to file suit. If the 3 years has run you may have a malpractice claim against the lawyer for letting the statute run on.
    Answer Applies to: North Carolina
    Replied: 6/22/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If a lawsuit has not been filed then the claim is gone.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    There is a two year statute of limitation in Indiana for litigating most personal injury cases.
    Answer Applies to: Indiana
    Replied: 6/22/2011
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    Generally in Ohio, you have two years from the date of the car accident to file a lawsuit against the at-fault-driver; however, this time limit may be longer depending on the nature of your case. I would recommend talking with an attorney to discuss your concerns in person.
    Answer Applies to: Ohio
    Replied: 10/25/2012
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    In Texas, the statute of limitations to file a lawsuit for a car accident case is 2 years from the date of the accident.
    Answer Applies to: Texas
    Replied: 6/22/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    It is not in Florida; Florida has a 4 year statute of limitations. Georgia has a much shorter statute so it may be too late. You need to contact another personal injury lawyer and go get your file from the first attorney and take it to the second attorney. If the statute of limitations has run, then you have a legal malpractice case against your first attorney. In Florida, you have 2 years from when you discover the malpractice within which to bring a legal malpractice claim.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You need to ask your lawyer what is the time period to sue, in most states, it is 2 years.
    Answer Applies to: Delaware
    Replied: 6/22/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Morris Lilienthal
    Each state has different statutes of limitations or time periods within which to bring your claim or it is forever barred. For example, in my state Alabama a general negligence claim arising out of a car accident must generally be brought within 2 years of the date of the accident. Whereas in Tennessee, the general statute of limitations on a general negligence claim is 1 year. But some states such a Florida have longer statutes. I would suggest contacting a local car accident attorney in your area and they can better advise you on the law in your state.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Three years is the limit. If the attorney blew the statute of limitations, you have a malpractice case as well.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is very important that you speak to another lawyer today if the three years is about to expire. The 3 year statute of limitations starts on the day of the accident and ends three years later. There are some reasons that statute can be extended, but you'll need to speak to a lawyer about that. If the statute has lapsed and there are no extensions available to you, then you'll have so sue the attorney who dropped the ball and the case for malpractice. The statute on legal malpractice is 2 1/2 years from when you discovered it or when you should have discovered it. You'll also need a specialized malpractice lawyer for that suit. Good luck.
    Answer Applies to: New York
    Replied: 6/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Sec. 52-584. Limitation of action for injury to person or property caused by negligence, misconduct or malpractice. No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed. (1949 Rev., S. 8324; 1957, P.A. 467; 1969, P.A. 401, S. 2.) History: 1969 act changed deadline for bringing action from one year to two years from date injury is first sustained or discovered or should have been discovered, effective October 1, 1969, and applicable to injuries first sustained on or after that date. See Sec. 52-190a re automatic ninety-day extension to allow reasonable inquiry in malpractice action. See Sec. 52-555 re actions for injuries resulting in death. See Sec. 52-594 re time limits for executor or administrator to bring personal action which survives to representatives of a deceased person. Cited. 34 C. 58. In case of death, failure to appoint administrator will not stop statute running. 77 C. 110. Includes all corporations. 77 C. 529. Demurrer cannot raise question of statute, as date of injury is immaterial. 81 C. 284; 82 C. 579; 83 C. 503. "Injury" means hurt; statute applies to action by husband for negligent injury to wife. 83 C. 505. Action for damage to goods from fall of leased building held to be in this section. 82 C. 578. Negligence of telegraph company in changing order for goods not within this section. 91 C. 35. Applied to action against surgeon for negligence in treatment; but not against him in contract. 103 C. 719; but see 119 C. 507. Cited. 114 C. 732. Applies to actions against nonresidents begun under Sec. 52-62. 116 C. 648. History of this section. 119 C. 502. Applies to all actions to recover for personal injuries whether due to negligence or not. Id., 507. Cited. 123 C. 648. In malpractice action statute runs from act if injury was then complete, from termination of treatment if injury arises from a course of treatment. 127 C. 385. Cited. 128 C. 108. Connecticut statute held applicable to action here under N.J. workmen's compensation law although right of action thereunder did not arise until after expiration of the one-year period. 131 C. 665. See notes to chapter 926. Ignorance that damage has been done does not prevent running of statute, except where there is something tantamount to fraudulent concealment of cause of action. 135 C. 176. Does not apply to cause of action founded on absolute liability from ultrahazardous activity of blasting. 137 C. 577. Cannot be construed as embodying an exception by implication in favor of an unemancipated minor. 139 C. 218. An action for injury to the person is governed by the one-year statute of limitations only if the injury is caused by negligence, by reckless or wanton misconduct, or by malpractice. 142 C. 452. The enactment of a statute which may bar an action even before the cause of action accrues is not beyond the power of the legislature and is consonant with the purpose of a statute of limitations which is to prevent the unexpected enforcement of stale claims concerning which the persons interested have been thrown off their guard by want of prosecution. 144 C. 170. The one-year period of limitation starts to run at the date when the defendant negligently does the act which results in damages to the plaintiff. Id. Cited. Id., 282. When the act or omission complained of was not merely selling a defective cartridge but permitting it to be available for future use without indicating its potential danger, such a claim was not an act or omission completed at the time of the sale but of conduct continuing to the time of the injury. Id., 316. Cited. 148 C. 327. Running of statute of limitations suspended between decedent's death and appointment of administrator in personal injury action against estate. 153 C. 255. Cited. 154 C. 708. Does not apply to action by riparian owners against water company for diversion of waters. 155 C. 477. Defense of statute of limitations is not proper matter for plea to jurisdiction. 159 C. 416. Cited. 168 C. 329. Action based on negligence must, by this section, be brought within one year of injury complained of but in any event within three years "of the act or omission complained of". 170 C. 289. Cited. 185 C. 390. Cited. 186 C. 632. Cited. 188 C. 301. Cited. 190 C. 8. Cited. 192 C. 327; Id., 451; Id., 497; Id., 732. Cited. 198 C. 660. Cited. 199 C. 683. Cited. 200 C. 562. Cited. 201 C. 39. Lack of informed consent is malpractice under the statute. 205 C. 1. Cited. Id., 255; Id., 741. Cited 206. C. 229. Cited. 207 C. 204; Id., 496; Id., 599. Cited. 209 C. 437. Cited. 211 C. 199. Cited. 212 C. 509. Application of three-year bar with respect to negligence occurring prior to that period does not infringe upon Conn. Const. Art I, Sec. 10. 213 C. 282. Cited. 214 C. 242; Id., 464. Cited. 215 C. 377. Cited. 216 C. 412. Cited. 218 C. 531. Cited. 219 C. 363. Cited. 225 C. 238. "Continuous treatment" and "continuing course of conduct" doctrines discussed. 229 C. 256. Cited. 232 C. 527. Cited. 237 C. 25. Cited. 238 C. 800. Cited. 239 C. 265. Cited. 242 C. 1. Statute of limitations was tolled; judgment of appellate court in Grimes v. Housing Authority, 42 CA 324, reversed. Id., 236. Statute of limitations was tolled when employer received notice of an employee's timely filed action against a third party tortfeasor and intervened within thirty-day period prescribed by Sec. 31-293. 246 C. 156. Where improvements to real property contemplated by an architect's or engineer's services are not completed because of the defect complained of, Sec. 52-584a, and not this section, applies to plaintiff's cause of action. 247 C. 293. Mental suffering constitutes injury, even if unaccompanied by physical trauma to the body. 248 C. 21. Precondition of the continuing course of conduct doctrine is that defendant must have committed an initial wrong upon plaintiff. 252 C. 193. Since there was a genuine issue of material fact with respect to whether the three-year repose section contained in the statute was tolled by defendant's alleged ongoing failure to warn plaintiff of his concern for cancer thus triggering the continuing course of conduct doctrine, it was improper for trial court to have concluded that there was no continuing course of conduct as a matter of law and to have granted defendant's motion for summary judgment. Id., 363. Allegations in amended complaint presented a new and different set of facts and were barred by statute of limitations since new facts did not relate back to original complaint. 257 C. 58. Does not impose a duty on plaintiff to investigate, instead, it requires jury to consider all the facts and circumstances in order to determine date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. 262 C. 797. Does not impose a heightened standard of discovery on health care professionals regarding discovery of actionable harm. Id. Correct legal standard by which to evaluate timeliness of causes of action in negligence restated. Limitation period for actions in negligence begins to run on date when injury is first discovered or in exercise of reasonable care should have been discovered.
    Answer Applies to: Connecticut
    Replied: 6/22/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    If the accident happened more than 3 years ago and the State is Maryland, yes. However, you may sue your lawyer.
    Answer Applies to: Maryland
    Replied: 6/22/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    Run, don't walk, to another attorney ASAP. The statutes of limitation in many states are 2 or even 1 year, in my states 3 years. Your question comes through to me without indicating the state you are in. However, don't fiddle around with the computer, call an attorney now at this moment before you do anything else.
    Answer Applies to: New Hampshire
    Replied: 6/22/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    Your matter is a little complicated & you need to talk with an attorney about your options. Best wishes!
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    3 years from the date of accident in Colorado.
    Answer Applies to: Colorado
    Replied: 6/22/2011
    Ackley Law Group, PLLC
    Ackley Law Group, PLLC | Andrew N. Ackley
    The statute of limitations for auto accidents in Washington is three years. That means that you have to file a lawsuit within three years from the date of the accident. If your lawyer ignored your case and missed the deadline, you may have a claim for legal malpractice against the lawyer.
    Answer Applies to: Washington
    Replied: 6/22/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    If the accident happened in Oregon, you only have two years to settle your claim or file suit to protect your rights. If your lawyer did neither of these things, you may have a malpractice claim against him or her. Other states have different time limits. I would contact your lawyer and get a clear understanding of what has and has not happened.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    In WA, you have 3 years from the date of the accident to file your lawsuit. In OR, it is 2 years. If the other driver's insurance co. paid anything, such as property damages, these times may be extended. You may also have a claim against your attorney for not pursuing your claim. You should contact an attorney right away.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    Contact an attorney in your area immediately. The statutes of limitations may have run, they may have not, it just depends on the laws of your state.
    Answer Applies to: Montana
    Replied: 6/22/2011
    David Hoines Law
    David Hoines Law | David Hoines
    4 years in Florida from date of accident.
    Answer Applies to: Florida
    Replied: 6/22/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have three years. If it has been 2 years and 11.9 months, get busy. If it has been exactly three years or more, it is too late.
    Answer Applies to: South Carolina
    Replied: 6/22/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    The answer depends on your jurisdiction. If you are in Florida, you generally have 4 years to pursue an auto accident/PI case (2 years if a death was involved). Other states have different deadlines, most shorter. If your lawyer let the statute of limitations lapse, you may have a claim against her for letting that happen, but hopefully you still have time. Perhaps you should consider a different lawyer if the one you hired isn't interested in pursuing your case.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    The statute of limitations for an auto accident with injuries is four years. What that means is you have four years from the accident to file a lawsuit. If you don't you'll lose your right to bring the case.
    Answer Applies to: Utah
    Replied: 6/22/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Depends on your state. In Oregon, you have two years from the date of the injury to sue the other driver. In Washington, you have three years. If your lawyer has failed to file your law suit within the statutory period, then you have the same amount of time to sue your lawyer, 2 years in Oregon and 3 years in Washington.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    3 yrs time limit.
    Answer Applies to: Massachusetts
    Replied: 7/4/2013
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    The statute of limitations for all car accidents in Florida, other than those which result in a wrongful death, is 4 years from the date of the collision. So it would appear you are still able to pursue your claim. We suggest you contact an experienced personal injury attorney without further delay. We offer free initial consultations.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Badgley Law Group
    Badgley Law Group | Jeffrey Badgley
    It's not too late for you to pursue your personal injury lawsuit. The statute of limitations in Florida for a personal injury lawsuit is four years from the date your claim arose. In your case, this four year clock started ticking on the day of your automobile accident. However, it takes time to prepare a case for filing. You should retain an experienced personal injury lawyer right away so that your case can be filed by the deadline.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    In Florida, 4 years.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Maybe... Depends on what state you are in. You may also have malpractice case against your attorney. Need more facts though.
    Answer Applies to: California
    Replied: 6/22/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You need to find out if it was filed. The statute of limitations is 2 years. There are other statutes that come into play regarding the service of the complaint and bringing it to trial.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    In all likelihood your present recourse is against the attorney for legal malpractice. The statute of limitation is two years from the date of the accident (assuming you were over the age of 18 at the time of the accident). There are some possible tolling exceptions, but you are probably past all of that if you are at the 3-year mark. If you signed a retainer agreement with the lawyer, he or she is probably on the hook. Many attorneys carry malpractice insurance, which covers blown statutes like this. If you make a claim against the lawyer, you generally have 1 year from date of discovery of the malpractice, or when you should have known, to sue the lawyer. So you better get on this pretty quick. If you sue, you have to prove (1) negligence by the attorney; and (2) you have to prove you would have won the suit but for his negligence in not protecting the statute.
    Answer Applies to: California
    Replied: 6/22/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    3 years from the date of the accident. What were your injuries? Your medical bills should have been paid by the no-fault insurance of the car you were riding in. You may have a legal malpractice case against your lawyer if she blew the statute of limitations. Feel free to contact me to discuss.
    Answer Applies to: New York
    Replied: 6/22/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If the lawyer failed to file a lawsuit within the statute, he or she may be liable for legal malpractice. If the lawsuit was filed, the lawyer cannot just drop the case. Either way you should consult with another attorney about the next step.
    Answer Applies to: Pennsylvania
    Replied: 6/22/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Assuming your claim arises in Washington, this is a very concerning situation. With very few exceptions (for example, if you were a minor at the time of the accident; or ir you are making your claim against an insurance company under an uninsured motorist provision), you must commence a lawsuit within 3 years of the accident - or it may be barred by the statute of limitations. If 3 years has come and gone, and no lawsuit has been filed - you may have a problem. If you had retained an attorney - it is that attorney's responsibility to make sure that she has met this requirement. Your attorney can not just stop working without letting you know. If she no longer wants to represent you; she must give you adequate notice, and ensure that the notice provided is not so short that it puts you in harms way. I recommend you talk with your attorney IMMEDIATELY; and if she won't speak with you - then check with another attorney and have that attorney review the circumstances. Time is critical - since you've indicated the accident was 3 years ago.
    Answer Applies to: Washington
    Replied: 6/22/2011
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