QUESTION

What can I do if they denied liability?

Asked on Dec 11th, 2012 on Personal Injury - California
More details to this question:
My attorney filed demand response. They denied liability, called and wrote my lawyer many times no response. I have now less than 30 days before time runs out. What should I do?
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11 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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First, if liability is denied in your case your only option if you want to receive money is to sue the wrongdoer, go to trial and have a jury determine that the at-fault is liable. Second, I do not know what time limitation you are referring to. If you are referring to the statute of limitations you need to make a lawsuit is filed before it expires. If the attorney still represents you he or she either has to: (1) notify you that he or she will not file a lawsuit and give you enough time to either find a new attorney or file the lawsuit yourself; or (2) file the lawsuit. If the attorney never withdraws from representing you and fails to fall a lawsuit on your behalf you would have a legal malpractice claim against him or her. If you are referring to a different time limitations I do not necessarily know how to answer although my answer would likely be similar to that of the statute of limitations. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Jan 14th, 2013 at 6:31 PM

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Ronald A. Steinberg
File suit. If your present lawyer will not do it, then get someone else.
Answered on Dec 27th, 2012 at 11:38 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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The lawyer doesn't think your case is worth filing on apparently. Find another lawyer or file a lawsuit yourself. Go to the courthouse and find a similar lawsuit and use it as a guide. Don't let the time run. Else you will be out of luck.
Answered on Dec 13th, 2012 at 12:43 PM

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Steven D. Dunnings
Hire another attorney.
Answered on Dec 13th, 2012 at 12:42 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Fax or email a message to the attorney asking why he is not filing. Might be the claim is too small to take to court. But you need to know. You can always write a letter to the court and pay a filing fee but your current lawyer should just be straight and tell you why the case went cold and is about to die?
Answered on Dec 13th, 2012 at 12:42 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Tell your lawyer to take care of it.
Answered on Dec 13th, 2012 at 12:42 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Ask the attorney if he/she plans to file suit. If not, start looking for another lawyer fast.
Answered on Dec 13th, 2012 at 12:42 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Your lawyer is obligated to protect the statute by filing suit on your behalf.
Answered on Dec 13th, 2012 at 12:40 PM

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Go and personally see your attorney and point out you are upon the deadline for statute of limitations. If you can't see him, you must find another attorney willing to take on the case. If the statute of limitations runs you may lose your right to bring a case against the at fault party. This is a serious matter as it takes any attorney time to prepare a compliant and get it filed and name the right parties. Each case is unique and no lawyer client relationship is established by this response, nor should you rely upon an email response to a generic question without consulting with an attorney regarding the precise issues of your case.
Answered on Dec 13th, 2012 at 12:40 PM

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Civil Litigation Attorney serving San Francisco, CA
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Your attorney should file a lawsuit before the deadline expire, if you/he believes that you will be able to at least try to prove liability. If the lawsuit is not filed, the case will be forever barred.
Answered on Dec 13th, 2012 at 12:39 PM

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Business Attorney serving Newport Beach, CA at NextGen Business & Wealth Preservation
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Are you talking about your own insurance company? If so, you would want to proceed with a bad faith claim. If you are talking about the other side's insurance, you'd merely want to file a lawsuit against the other side, but you never mentioned the nature of the claim. This is certainly not uncommon. Viable claims are often ignored by the other side's insurer and sent to litigation. That alone does not mean you have no case against them.
Answered on Dec 13th, 2012 at 12:39 PM

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