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July 4th 2013 with my mother in law, my wife, my 2 sons, and my grandchild in my truck on the freeway. The traffic on the slow lane was at a standstill when I was rear ended by a vehicle doing 70 mph. Everyone went to the hospital, both vehicles were totally and I was shoved into the vehicle in front of me which was totaled. I have become increasing frustrated with the attorney I hired. Can I fire him? Do I have to settle for the amount of the offer (which is $1,000.00)? And is there a time limit that I have to settle? I was just told if I do not accept this offer within a certain time period I will forfeit it all.
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The statute of limitations in Oregon is 2 years from the date of loss. It can be longer for injuries to minors. Yes, you can fire your attorney, but it might not be very wise when you are so close to the statute of limitations period. If you fire your lawyer, he can have a lien on your claim so that he will get paid by your next attorney. As far as the offer goes; no, you do not have to settle for that amount. But your next step is to file a lawsuit against the at fault party before the two years run,. It might be difficult to find a new attorney to do this on your behalf at such short notice. If you do not file a lawsuit or have your case settled by that two year deadline, you will forfeit your right to any recovery.
Answered on Apr 02nd, 2015 at 7:30 PM