It sounds like you have a legal malpractice case worth investigating. It is hard to understand why an attorney would fail to prosecute a personal injury case when the client suffered a disabling injury. That is a case that could be worth a substantial amount of money. At some point did the attorney determine that there was no insurance coverage?
Even when you cannot locate a defendant for service of process, you can make a motion for substituted service so that the case can move forward and you can obtain a judgment.
The first thing an attorney will due is try to get the case reinstated. If he cannot because the case was dismissed with prejudice, then the next step is a legal malpractice case against the firm who let the case get dismissed.
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Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz.
Answered on May 14th, 2013 at 2:07 PM