Changing attorneys so late in the game

[krysnik]

I am in California. My SUV was totaled nearly 2 years ago when another driver ran a stop sign. The SUV did rollover and my daughter was hurt as well as myself. Our treatment lasted over a year and we will never be the same. Besides soft tissue damage, I have MRI evidence of injury to spinal discs and C-spine straightening. I also have an X ray report from 2 years prior to the accident stating there were no abnormalities to further support the damage occurred with this accident.

My problem is that I trusted the wrong attorney who was referred to me by a friend (that friend has apologized profusely) In less than a week, the deadline will arrive for filing the complaint. My attorney has done NOTHING thus far but move his offices twice since I first contacted his firm.

He admitted to me that he didn't have time to construct a demand. I was told last year at this time the policy held by the other driver was more than sufficient for my case. Can anyone help me get this resolved so we can move on?

 

[seniorjudge]

I am in California. My SUV was totaled nearly 2 years ago when another driver ran a stop sign. The SUV did rollover and my daughter was hurt as well as myself. Our treatment lasted over a year and we will never be the same. Besides soft tissue damage, I have MRI evidence of injury to spinal discs and C-spine straightening. I also have an X ray report from 2 years prior to the accident stating there were no abnormalities to further support the damage occurred with this accident.

My problem is that I trusted the wrong attorney who was referred to me by a friend (that friend has apologized profusely) In less than a week, the deadline will arrive for filing the complaint. My attorney has done NOTHING thus far but move his offices twice since I first contacted his firm.

He admitted to me that he didn't have time to construct a demand. I was told last year at this time the policy held by the other driver was more than sufficient for my case. Can anyone help me get this resolved so we can move on?

Get another lawyer as soon as possible before the statute of limitations runs.

 

[krysnik]

running out of time

Statute runs out on the 9th, I don't think I can find another attorney in time so I will be filing myself, until I can find another one. My present attorney tells me in a condescending manner that "you don't want to find another attorney at this point in time" as if my case will be lost completely if I do.

 

[Trucking Mad]

Hop to!

Statute runs out on the 9th, I don't think I can find another attorney in time so I will be filing myself, until I can find another one. My present attorney tells me in a condescending manner that "you don't want to find another attorney at this point in time" as if my case will be lost completely if I do.

No moss grows on a rolling stone..Fire your present attorney and retain another in the same day..I would start right away..
You shouldn't have a problem retaining a competant ( thats the key word ) attorney tommorrow.

 

[D.E.Hibbard]

Changing Attorneys

Other than the immediate need to file the complaint to comply with the statute of limitations it is not "late in the game." Contact an attorney immediately (today) and ask him or her to prepare a complaint for you in pro per. Any competent attorney can prepare a PI auto complaint quickly. Also, the California Judicial Council has a check the box form complaint that I frequently use for such actions. If this form complaint is used, be sure that the motor vehicle cause of action is attached. The complaint must have all four pages (three page Complaint and one page Motor Vehicle Cause of Action) and be properly filled out to withstand demurrer.

Once the complaint is on file, I doubt that you will have trouble finding an attorney. Be sure to demand your entire file from your current attorney, including the police report, photographs and all relevant medical records and bills.

One question. Is your daughter a minor? If so then you will also need to prepare and file a Petition for Appointment of Guardian ad Litum. Again, not a big deal for any competent attorney.

P.S. You should also be aware that the filing fee in California is quite high (Riverside is the highest at $335.00, but all jurisdictions are now in excess of $300.00).