More details to this question:
My attorney did not inform me of a 180 day torte that needed to be filed in order to sue a gov't entity and although they knew and noted my injury immediately in there notes, they did not inform me - I had no idea. Another attorney in my area said I have a case but need to go outside my county as well as the next because all the attorney know each other. I need an attorney before June 6th...Can I fight this on my own? The injury occurred with the street department with my city while performing community service and I need rotator cuff surgery and my hip is still injured. There is another statute that goes the duration of 2 years, maybe 2 and a half - I need some major guidance!
13 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You may sue your lawyer for legal malpractice within 2 years of the date of the malpractice or the date of last representation arising out of the matter in which you claim malpractice, whichever is later. You may represent yourself or hire counsel; however, if you do not know the law, the rules of pleading, etc. you will likely have a hard time representing yourself. Legal malpractice cases can be expensive to present in that you must prove the validity of the case the lawyer handled incorrectly as well as the fact that the lawyer breached the standard of practice (which requires expert testimony). Any lawyer you hire may ask you to pay the expenses of the case.
Answered on May 30th, 2013 at 10:49 AM
Ronald A. Steinberg
Get a lawyer with backbone. Yes, you should sue.
Answered on May 29th, 2013 at 12:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is not enough information here. How were you injured and what has 180 days to do with anything. Is this required notice to the city? Why don't you hire a PI lawyer and let him review your situation. You have to prove first of all that you have a good case, then prove the second case against the lawyer if it were blown because of him. A lot of major work, so make sure you are not talking about a bad case or some trifling injury.
Answered on May 29th, 2013 at 12:00 PM
There are plenty of lawyers who will sue other lawyers, particularly bad ones who need to be sued. I can help you find some. Or, go to the State Bar Association and ask for a list.
Answered on May 28th, 2013 at 11:56 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You need a lawyer who goes after other lawyers. You can fight this on your own, but that is a really bad idea. You will be fighting a lawyer who has a lawyer in his own venue, with only you on the other side.
Answered on May 28th, 2013 at 10:57 AM
James Eugene Hasser
You may be able to get a local lawyer with your injury claim, but I agree with the lawyer who recommended you seek the advice of a lawyer out of the county. Your best bet may be to call the State Bar Association for help.
Answered on May 28th, 2013 at 10:56 AM
Airplane Crash Litigation Attorney serving Towson, MD
1 Award
The statutory requirement for notice to the government within 180 days cannot be waived. If your lawyer did not put the government on notice unfortunately you are out of luck but if there is a good basis for the case if the notice requirement had been met you likely do have a legal malpractice case.
Answered on May 28th, 2013 at 9:28 AM
If you were doing community service work in lieu of jail time then you would probably be considered an employee of the county so would have to file a Workers' Compensation claim and not a civil suit. You need to check that out with an attorney who specializes in WC cases. As to filing a petition for relief from the claims statute, if you do not have a WC case, you need to have an attorney do that as soon as possible [within a reasonable period of time not to exceed 6 months] and since it was your attorney's fault and not yours you should be granted relief.
Answered on May 28th, 2013 at 9:27 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Try Googling "Legal Malpractice attorney [your state]" to find an attorney for this. For example, if you are in S.C., "Legal Malpractice attorney South Carolina". There are usually only a handful of attorneys in each state willing to sue for legal malpractice. You just have to find them.
Answered on May 28th, 2013 at 9:25 AM
John Hone
Your time period could actually be smaller than 180 days. Talk to an attorney and get your facts straight.
Answered on May 28th, 2013 at 12:16 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to get another attorney who will represent you. If your first attorney failed to file the notice of tort claim, you may have a case against that attorney.
Answered on May 28th, 2013 at 12:01 AM
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Call an another attorney or my office immediately as you only have 2 years from the date the malpractice was committed. There are not many attorneys in Nebraska that handle these cases so do not delay.
Answered on May 27th, 2013 at 11:58 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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You need to hire an attorney to handle your case for malpractice which not only includes proof to a preponderance (which means you must prove "more likely than not " its true) but you also need to be able to prove your damages. If the attorney blew the 180 day claim statute, you have a solid case for liability. You should not try to handle your case alone. There is an old saying that an attorney who represents himself or herself has a fool for a client.
Answered on May 27th, 2013 at 10:39 PM