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.

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?

Whittier, CA -

Attorney Answers (9)

Sagar P. Parikh

Sagar P. Parikh

Business Attorney - Beverly Hills, CA
Answered

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.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Personal Injury Lawyer - Berkeley, CA
Answered

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... more
Michael Ian Rott

Michael Ian Rott

Class Action Attorney - San Diego, CA
Answered

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... more
David Ian Schoen

David Ian Schoen

Personal Injury Lawyer - Windsor, VT
Answered

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.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

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.

Ajay Mohan Kwatra

Ajay Mohan Kwatra

Personal Injury Lawyer - San Diego, CA
Answered

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

Jeffrey David Bohn

Jeffrey David Bohn

Personal Injury Lawyer - Fresno, CA
Answered

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.

Armen Michael Tashjian

Armen Michael Tashjian

Personal Injury Lawyer - Los Angeles, CA
Answered

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.

Richard Andrew Harting

Richard Andrew Harting

Personal Injury Lawyer - Long Beach, CA
Answered

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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