I was sitting in a car ( not running) in a marked parking spot, when I was hit by a large 'State Vehicle' that is self-insured. The vehicle did not stop.I walked to where it was parked + told the driver he had just hit me
Long story short-
I was hurt,out of work for 10 months. I met with a lawyer + the firm took my case.
4 1/2 years into the case, my lawyer called + Said,one of the partners reviewed my case,+ said it was "UNWINABLE"
And I could go to another law firm.
4 1/2 years.
Also, I have retired from work on SSDI for other medical reasons . When I told my lawyer, I believe thats when the tables turned.
I have consulted a few attorneys and they said they do not want to jump into a case 4 1/2 years old, especially with this State entity that is self-insured.
I am not sure exactly what your question is. Have you asked your attorney what the statute of limitations is for your claim? If the statute of limitations has expired and your attorney has not filed suit to protect the statute, you should seek a personal injury attorney to file a legal malpractice claim against your attorney. If your attorney has filed suit on your behalf, he must obtain court approval to withdraw from your representation. You must be given notice of any such motion to withdraw and you can personally go to the court and oppose his withdrawal and force him to continue with your case, if the judge agrees.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I am a practicing Rhode Island personal injury lawyer. You should understand that there is a three (3) year statute of limitations (time in which you must be bring suit or be forever barred from doing so) applicable to personal injury claims here. This statute is codified at R.I. Gen. Laws. Sec. 9-1-14(b) and begins to run from the date of the collision. You will need to understand whether your lawyer timely filed suit against the correct parties responsible for causing your injuries. If you have terminated the attorney-client relationship with your lawyer, then this should be confirmed in writing. You have a right to request a copy of your legal file from your lawyer and hopefully, you have already done so. You should also consider asking your lawyer (or ex-lawyer if that is the case) whether he/she intends to place an attorney's lien on the file. The case is less attractive to other lawyers if an ex-lawyer intends to seek a portion of any future attorneys' fees based on quantum meruit. This should also be confirmed in writing. If the case is pending in Superior Court, for example, then you must be aware of any time limits, discovery deadlines, etc. that may be upcoming. If you do not find another lawyer immediately, then be sure to contact the Civil Court Clerk and seek a hearing to obtain some extension of time limits while you continue to search for counsel. I wish you the best.
Oos. I am the attorney who answered you question regarding the 4 1/2 year old case, but saw a reference to Connecticut but reviewed the question which obviously came from Newport;, RI.
All of the basic law, including the Ethical Rules, applies in principle. I checked the Rhode Island Statute of Limitaions for persnal injjury negligence cases, which is 3 years.
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