Skip to main content

Can a lawyer be sued for legal malpractice for not having me in their best interest,also can they put a lien on any monies I get

Vineland, NJ |

I was a pedestrian walking and was struck by a vehicle. I hired a personal injury lawyer who charges only if "you win". I did not have a car or car insurance but I did have medical insurance, but they set me up to have lliability insurance with NJPIGA. I fired them for multiple reasons in September 2012 for lack of service and not having me in their best interest, they also never filed a claim through the court. Can they legally put a lien being that the only money that I will be receiving is for lost wages?

My accident was on 12/21/2010. They also refused their termination on September 6, 2010 and I had to go through so much for them to finally "accept" their termination...I don't know what to do!!!

+ Read More

Attorney answers 3


You can seek a consultation with a legal malpractice attorney, who can review all the facts with you. Just a few comments based on the information you provided. If you were a pedestrian stuck by a vehicle, and you do not own a vehicle, your medical bills are properly paid by NJPLIGA, so your attorney did the right thing by making application to NJPLIGA. Also, when was your accident? The statute of limitations in NJ is 2 years from the date of the accident, so depending on when the accident occured, you may still be in time to file a lawsuit. If you are within the 2 year time period, it may be best to consult a personal injury attorney who could take over your case. You are entitled to have fired your attorney, but depending on the circumstances, they may request costs be reimbursed to them and potentially have a fee interest. This would not apply if there has in fact been legal malpractice. I would start with a consultation with a personal injury attorney, and proceed from there. Don't delay in seeking out the consultation. Thank you for asking. Feel free to call me at 856-845-8778.

These comments are provided as a public service and are not intended to constitute legal advice. No attorney-client relationship has been created.

Marian Ida Kelly

Marian Ida Kelly


Since your accident was on 12/21/10, the statute of limitations expires on 12/20/12. Seek a consultation with a personal injury attorney ASAP- The consultaton will be free. Bring all information you have regarding your accident to the appointment. If a lawsuit is not filed on your behalf by 12/20/12, you will lose all of your rights.


Consult with an attorney that handles medical malpractice cases.

Jim Magazine


Consult immediately with a local injury lawyer to assure your right to clim is protected by filing suit within the reqd time. Each state has its own way of dealing with atty liens. Some states will not allow the lien if the atty was guilty of misconduct. If no misconduct then they usually are entitled to at least some reasonable fees for time spent and costs.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer