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File a clame with a lawyer 2 years ago, I signed the agreement, I had a personal Injury. He told me today that it wasn't filed.

Whittier, CA |

Two years ago I felt on the stairs of the apartments where I lived. I filed a claim with a lawyer, signing agreements. Last year I was diagnosed with cancer, and could not follow up with the lawyer, today I found he never filed the clame but I have a copy of the agreement that we did file for it. What can I do?

Attorney Answers 9


  1. What do you mean you filed a claim with a lawyer and signed agreements? Was he supposed to file a personal injury case on your behalf? If that is the case, and it has already been two years, the statute of limitations has expired.

    If this is the case, you may be able to sue your attorney for malpractice in failing to properly file a suit before the statute of limitations expires.

    Consult with an attorney who handles legal malpractice matters.


  2. If the attorney missed filing the claim timely then he has committed malpractice unless there was a good excuse. You should consult with an attorney that handles legal malpractice in your area.


  3. Your ability to collect for damages is not lost. If your lawyer did not file your complaint with the court within the 2-year statute of limitations, then he will be responsible for paying your damages.

    You also have a deadline against your previous lawyer in which to file your complaint.

    Hope this helps,

    Michael Ian Rott, Esq.,
    Managing Partner
    HIDEN, ROTT & OERTLE, LLP

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.


  4. In the surface , it appears like a malpractice case. However, you said that a year ago you stopped following up with the lawyer. It is entirely possible that this attorney tried to communicate with you and since you were unavailable , he sent your correspondence asking you to contact him but which you did not open, or saw or were not able to see because of your illness, therefore, if none of the above happened, then it is possible that the attorney dropped the ball. Have a talk with your lawyer before you start an action that might end up being fruitless. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. Typically, if a lawyer blows a statute, it is malpractice, but if you fell off the face of the earth, this claim might be tough, but have a local lawyer investigate.


  6. This is a serious issue and your need to speak with an attorney about this.


  7. If you stopped communicating with your lawyer or failed to inform of your changed address or phone number, then to will most probably not succeed in your contemplated legal malpractice case. If however, that's not the case, then you should go see a legal malpractice lawyer.


  8. Even if your lawyer could not communicate with you, he is obligated to preserve the statute of limitations by filing the lawsuit. This allows for an additional five years to resolve the lawsuit. It does appear as if he dropped the ball. That is why attorneys purchase malpractice insurance.


  9. It appears the lawyer may have blown the statute. You can present a malpractice claim, but you will still need to prove-up the liability, damages and collectablity in the underlying fall case. Typically referred to as the case within a case.

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