i was in a car accident 3.5 years ago , and my lawyer doesnt tell me what is need to be done next other than waiting adjuster to make an offer. why my lawyer prefer to get initial offer other than to file suit?
I would be concerned about whether the statute of limitations has expired. Generally, a car accident case has a two-year limitations period.
For an accident that happened in Texas the Statute of Limitations is 2 years from the date of the collision. You need to get an appointment with your attorney and have an in person meeting to determine what exactly is going on and get all of your questions answered.
I echo what the other attorneys have said. Though there are a few very obscure exceptions, suit must be filed on a case within two years or you lose the ability to do so. Your question indicates that your attorney is waiting for the adjuster to make an offer rather than filing suit. If, as this indicates, no suit has yet been filed, then it could be an indication that the attorney missed the statute of limitations. That may mean that you will need to contact another attorney to see whether you have a claim of professional negligence against the first lawyer, and whether it is worth pursuing.
As the other lawyers have stated, the Statute of Limitations in Texas for personal injury is two (2) years. If your accident occurred 3.5 years ago, then the Statute of Limitations has already run.
If this is truly the case, you may have a case for malpractice against the attorney you hired.
I would first consult with your attorney as to what explanation he or she has regarding waiting until after the statute has run and then I would consult with another personal injury attorney in your area, preferably one who handles legal malpractice cases, to go over your options if your attorney does not give any type of adequate explanation (perhaps he already filed suit on your behalf a year-and-a-half ago prior to the two-year Statute of Limitations running and you forgot about it).
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