I only have about 18 days before the statue of limitation runs out on an car accident that killed my ex-husband. I have tried and tried to get my attorney to return my call but he won't do it. How do i know he's even still my attorney? How do I find out IF he's going to do anything? Should I be prepared to defend myself but I don't even now if he filed the case with the courts. How do i find out?
My advice would be to get a new attorney, and to do so quickly, just in case the case has not been filed. But you can also check at your county courthouse to see if a case has already been filed in your name.
At this late juncture, I would suggest that you camp out in your attorney's office until he speaks with you and shows you exactly what is going on. File a complaint with the attorney disciplinary Board if you do not make any headway. However, no matter what, you will need to have an attorney file your case before the statute of limitations runs, otherwise you will be barred from bringing any action.
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 insure proper advice is received.
If the accident occurred in Colorado, you have three years in which to file. If the three year anniversary is just two weeks away, and you still have not heard from your current attorney, you should contact another personal injury lawyer immediately to determine if the matter has been filed and what is the status of the claim. If your current lawyer blows the deadline for filing the case, you may have a strong basis for a legal malpractice claim. If you have further questions, please call ou office for help.
The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.