QUESTION

How do I know that it is time to change legal counsel?

Asked on Jun 14th, 2013 on Personal Injury - Iowa
More details to this question:
I hired a personal injury lawyer 30 months ago and I have been asking him to file a lawsuit against the trucking company that hit me when I was parked off the side of road. Other than rack up medical bills, he still refuses to file a suit.
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9 ANSWERS

Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You may hire and fire counsel as you wish. You may be entitled to a refund of any fees or costs you paid, or you may owe some fees or costs. Generally, if you owe anything, that can be handled through any new lawyer you hire and perhaps it will be agreed that same can be a lien on any recovery vs. paying anything now. If you signed an Agreement with your lawyer, the terms of that Agreement will likely spell out the issue of costs and fees if you discharge your attorney, so find and read that document. You generally have 1 year to file a PIP suit vs. your insurer from the time any expense in incurred. You generally have 3 years to sue the at fault driver/owner. There could be different statutes of limitations if there are other claims or defendants that you didn't mention (ie: dramshop, product liability, highway liability, etc.). In order to have a viable auto accident case in Michigan you need to be able to prove the negligence of the other driver, that such negligence caused you injury and that your injuries rise to the level of a serious impairment of body function and/or permanent serious disfigurement in order to satisfy the Michigan No Fault threshold requirements.
Answered on Jun 15th, 2013 at 4:21 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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It may be because your case ain't worth his time and trouble. Ask him and if you don't like the answer, get a new lawyer.
Answered on Jun 15th, 2013 at 4:20 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Discharge the lawyer and hire a new one. If a lawyer doesn't do what you ask him to do, then you have good cause for firing him.
Answered on Jun 14th, 2013 at 1:35 PM

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Ronald A. Steinberg
I do not know what the Statute of Limitations is in your state; it is 3 years, in Michigan. Failure to file suit before the Statute expires will bar your case. I suggest that you contact another lawyer immediately. If you do not have a suit against the trucking company, you may very well have a legal malpractice case against your present lawyer.
Answered on Jun 14th, 2013 at 12:56 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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If you were in an accident more than 2 years ago, unless there are some special circumstances (which are unlikely and complicated), your lawyer must have filed a lawsuit for you by now, or the statute of limitations will have expired. Contact your lawyer IMMEDIATELY and don't take any evasive answer from him or anyone on his staff. Either he filed or he didn't, and if he didn't he has committed malpractice. You have a right to know if he filed or not and, if not, you have a right to know who his malpractice insurance carrier is. You may need to hire another lawyer to sue your current lawyer if he failed to file a lawsuit for you.
Answered on Jun 14th, 2013 at 11:43 AM

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James Eugene Hasser
You need to be healed up preferably before suit is filed so that your lawyer will know what to ask for by way of damages.
Answered on Jun 14th, 2013 at 10:35 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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30 months? The statute of limitations is two years. You need to speak to another attorney that handles legal malpractice claims as it sounds like your attorney blew the deadline.
Answered on Jun 14th, 2013 at 10:35 AM

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Insurance Defense Attorney serving San Bernardino, CA at Ricks & Wear, PLC
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Be careful. The Statute of Limitations in California for personal injury is 2 years. If you had the accident then hired the lawyer and now we're 30 months later then he missed the Statute of Limitations and you are barred from filing suit. Contact the lawyer and demand that he/she tell you when your Statute of Limitations expires.
Answered on Jun 14th, 2013 at 10:34 AM

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Most statute of limitation periods are 24 months so I'd say it's time for a second opinion from a different lawyer.
Answered on Jun 14th, 2013 at 10:34 AM

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