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What is the statue of limitations for malpractice suites against attorneys. Colorado Springs, CO....

Colorado Springs, CO |
Filed under: Lawsuits and disputes

Learning of dishonest attorneys brings to mind my wife's case in 2001. Wife was involved in an auto accident, had surgery, physical therapy for 9 months, and was presented $15,000 by attorney as settlement. We did not know any better so my wife took it and, of course, signed a release document. I think she has no opportunity to persue actions, just wanting to make sure.

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Attorney answers 3

Posted

You dont indicate when the case was concluded or when the attorney malpractice may have occurred but if all of that happened in 2001 it is unlikely you have any argument to pursue. I would suggest that you talk to an atty that handles this type of case (legal malpractice)

Asker

Posted

Thanks for the response. I had already came to that conclusion, but since I was not a law student, I was not 100%. Don't forget mother's day. Hell hath no furry!!

Posted

Barring some exceptional circumstances the statute of limitations is two years for this type of claim so it is unlikely that there is a claim at this point in time unless the case was only settled in the last two years.

Asker

Posted

Yes, the claim was settled in March 2013. The claiment has not signed any documents, and her attorney filed motion to be removed as her attorney because she does not want to accept the settlement offer. The insurance co sent a letter to her attorney, which of course, he forwarded to her, Mrs. Jackie Talley. Of course Jackie was upset. Learned of malpractice suites. Looking for another attorney to settle the personal injury auto accident claim, now to persue a malpractice suite.

Chris G. Hoffman

Chris G. Hoffman

Posted

The first question is going to be whether the case is worth substantially more than what the insurance company offered. That is very case specific. Obviously the attorney felt the offer was fair. Whether it was or not, I couldn't say. The other issue is what exactly the attorney did that was malpractice? Simply disagreeing and withdrawing does not mean malpractice. Also, I"m curious to know how an event that took place in 2001 could possibly be in settlement discussions in 2013. The case has to have been litigated by now. There is a lot of information missing here.

Asker

Posted

The plantiff met with the attorney to discuss a settment offer of $23,000. She refused and requested a jury trial. The attorney settled the case without her conscent. When contacted her attorney and expressed my concern, as an educated associate, the attorney informed us that since Mrs. Talley will not be accepting the settlement offer, he was going to file a motion to withdraw as her attorney. Fortunately, I told Jackey to request a copy of her file from her attorney. I reviewed the file and took it to a local attorney. He was honest and said that he knew the attorney in question, but there is a concern. His parallegal suggested that we report him to the state bar association. As Jackey Talley was the victum and the other party was ticketed, Jackey Talley's car was totaled. She has been paying for her own medical bills with her insurance. Her insurance does not cover specialist treatment. Hinceforth, Jackey's injuries have gotten worse due to inadiquate treatment. Her report/file stated her future medical treament would be in the $199,000.00 on the high end, and she has permanent injuries. As a matter of fact, Jackey called me today and told me that her doctor says she is suffering from a joint disease/injury which is a direct result of the accident, yet Jackey can't see a specialist because she cannot afford to pay for it. Bottom line, this attorney, as I have experienced myself, possibly sided with insurance representing the defendant for alternate compensation.

Posted

What PROOF do you have that
you were mistreated? Maybe
that's all the attorney could
get because your wife's case
was weak.

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

Asker

Posted

Unique response. My wife had 2 surgerion her right knee. Physical Thearpy for 9 months. Now she has a permanent back injury as a result of the accident. Turst me, I have now been educated and college degreed, I know for a fact it was mal-practice.

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