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Can i sue a attorney for not followup on an case

Opa Locka, FL |

MY husband died back in 2010 and i went to this attorney to see what she can do or if anything can be done on a wrongfully death and she have all my information and up to this date she haven"t got in touch with me by phone or email i have sent her an email concerning this issue and nothing even call and left messages so many times i dont know what happen to her or my information. what can i do?

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Attorney answers 5


If the lawyer hasn't done anything in two years and doesn't return your calls, it's high time to go to another lawyer. If you are lucky, the statute of limitations hasn't run out yet and you can still sue on the death claim. If your present lawyer has blown the statute of limitations, you may need a legal malpractice lawyer to sue her.

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Alexander Alvarez

Alexander Alvarez


Mr. Brophy is correct. However, if you are close to the expiration of the statute of limitations (the time by which you must file suit which in Florida is two years for wrongful death), then, you may have a difficult time finding another lawyer willing to take your case with such a tight deadline. In that case, it is imperative that you communicate with your lawyer. If your lawyer is not communicating with you, you may also call the Florida Bar for assistance. Regardless, you should act immediately.


You should rush to see another lawyer before the statute of limitation runs out on your case; the statute of limitation for medical malpractice cases is usually only 2 years. If the statute of limitation has expired already, then you should consult a legal malpractice attorney.
Good luck


You need to see another qualified medical malpractice lawyer right away. Medical malpractice cases (and wrongful death cases) have a two year statute of limitations -- the deadline you must meet to file suit. Otherwise th ecase will be barred forever. In malpractice cases there is a one-time 90 day extension that can be filed in the court. If a lawyer has held onto your case for a long time and you have not heard anything, immediately get to another lawyer and find out what is happening.

The information provided herein is not intended to be legal advice and no attorney-cloient relationship exists as a result. Before relying on any advice, please consult an attorney.


I agree with the other attorneys who have posted here, for the most part. The statute of limitations may be an issue, and you should speak with a personal injury attorney. You may also want to speak with a legal malpractice attorney or the state bar.

However, under the facts given, I'm not sure you have established an attorney-client relationship with this attorney sufficient for her to have responsibility for your case. Do you have a fee agreement signed by both parties, or other agreements? Have you paid her money? Did she appear on your behalf in a court case? If you do decide to file a bar complaint or malpractice suite, you should have answers for all those questions and many similar ones.

My response to this question does not mean I agree to represent you in any proceedings. This information is also not subject to attorney-client privilege.


I agree with the other attorneys. Get a consultation from another qualified attorney immediately and pay close attention to the time limits involved. Good Luck

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