Accident
In 2004 I was 8 months pregnant and I was crossing a street and this woman just came out of nowhere and hit me,not only was I pregnant but I was pushing my other child in a big bright blue stroller.The lady claimed she didn't see me but clearly she wasn't paying attention.When I got hit my knee was broken instantly and I automatically started having contractions they had to rush me to the hospital in orde to stop my contractions.I stayed in the hospital for 3 days when we got hit my daughter flew out of the stroller but only suffered minor injuries.When I got out of the hospital I immediately contacted a lawyer.They told me that that they were doing everything they could but I didn't see any results they said that we had to go to court and that her insurance company were going to dispute her actions., in which I understood all of that but like I had tried to explain to my lawyers for (2) years, the accident happened right in front of the police station and they have cameras that videotaped the whole accident so all they had to do was get that tape and the tape would have shown that she was clearly at fault.I didn't understand why it took 2 years to get a video tape so I decided that I would let them go and try to find new lawyers,well not only would anyone pick up my case but they said that the statute had expired and their was nothing that I could do.My question is is there anything that I can do I am 24yrs old and I am suffering from leg and back pain now to this day because of that accident and basically the woman got away with it.
Attorney answers (4)
Keith R Rudzik
Reputation Level 7
Answered over 3 years ago.
Lawsuit / Dispute Attorney in Hartford, CT.
Please contact a lawyer who specializes in legal malpractice in Indiana. It is unclear exactly what happened with your case because on one hand you indicate that the laywers "were doing everything they could" and that you "had to go to court," and on the other hand it appears that the lawsuit was not filed ("the statute [of limitations] had expired"). in this context, the statute of limitations is the period of time within which to initiate a lawsuit. As I practice in CT and MA, I do not know the length of time an attorney has to file a personal injury action in Indiana. Nor do I know whether Indiana has any "savings" provisions that would apply to permit you to bring an action against the woman who hit you notwithstanding the expiration of the time period. Generally speaking, there is a possibility that you can can seek recourse against your former lawyer for legal malpractice.
Again, speaking in general terms and principles, a legal malpractice claim would involve a lawsuit against your former lawyer. To that end, you will likely have to establish that: (1) you had an attorney-client relationship with the particular attorney; (2) the attorney's representation of you fell below the standard of care for lawyers; and (3) you suffered damages as a result of the attorney's breach of the standard of care. By contacting a legal malpractice lawyer in your area, you will be able to explore this option. Be sure to bring with you all evidence that you have concerning your relationship with that former lawyer (retainer agreements, letters, etc.).
2 people marked this answer as good
What you have described is a situation where a lawyer has missed the applicable statute of limiitations for filing your lawsuit for injuries. Absent other facts, you have a right to file a lawsuit against your former lawyer for legal malpractice. However, a legal malpractice suit differs from a typical suit because you must prove a case within a case. Specifically, you must prove that the lawyer violated a duty owed to you and that the lawyer's violation proximately caused you a loss. You must show that as a result of the lawyer's negligence you lost a case you would have won against the original defendant and that you would have been able to collect money from the original defendant.
Glenn Jay Holzberg
Reputation Level 10
Answered over 3 years ago.
Admiralty / Maritime Attorney in Miami, FL.
You now have a claim for Legal malpractice if in fact your States Statute of Limitations expired before a lawsuit was filed. Assuming that is correct you should immediately contact a lawyer who specializes in Legal Malpractice claims. If successful you will be entitled to collect all of the damges you could have recovered in the automobile accident. Your new lawyer must first prove your claim against the driver - that sounds relatively easy under the facts you describe, even without the videotape- which may not exist, even if it is in front of a police station. You likely had the right of way if in a pedestrian walking zone, and if not, while you may be compartivley at fault, unless your in a pure contributory negligence state, which prevents your recovery if you are at fault (in some states greatert than 50%, in others even1%), you still can collect the percentage of fault assigned to the at fault driver.
Were you ever told why the 1st lawyers did not persue your case? Your new lawyers would likely want to know that.
Gil Shuga
Reputation Level 10
Answered over 3 years ago.
Car / Auto Accident Lawyer in Mesa, AZ.
You should consult with a lawyer in your state who has experience in personal injury and legal malpractice.
It is unclear from your question whether your first lawyer missed the deadline (Statute of Limitations) for filing a lawsuit for your injuries. If that deadline passed without a lawsuit being filed then you can no longer sue the person who hurt you and your children. But if it was your lawyer's fault that the deadline was missed, then you have a malpractice claim against that lawyer. You would have to first prove your claim against the person who hurt you and your children, then you would have to prove that it was your lawyer's fault you were unable to bring that claim.
On the other hand, if you fired your lawyer before the deadline for filing a lawsuit, then delayed getting another lawyer or filing suit on your own before the deadline passed, you might lost your claims against both the driver and the lawyer. The key is whether or not you were still represented by your lawyer when the deadline passed, or if that lawyer informed you of this risk when you fired them for taking too long. Again, you should consult with an experienced lawyer in your state to find out if you still have an opportunity to bring your claim for damages for you and your children.
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