Our personal injury lawyer neglecting us...

[Yort]

What is the name of your state (Illinois)?

My wife was rear ended at a stop sign by a drunk driver in july of 2007. Her car was totaled and now she has permanent nerve damage in her lower back and hips. Since she wasn't getting any response from the drunks insurance company she chose to get a personal injury lawyer. She got a well known law firm here in central Illinois to take her case. This is one of those" we don't get paid unless your case is settled" firms.

Now here's the problem; This law firm has had our case for over a year and a half and we have yet to speak to one of their attorneys. So far we have only spoken to a paralegal. She instructed my wife to continue her medical treatment (chiropractor, neurologist etc) for a year and to submit her bills to them, that was 5 months ago! After months of calling, finally the paralegal called us back and said that we were on "the list" and that they would arrange a meeting in a few months. Okay, a few months have gone by now; no call, no return calls, nothing. The statute of limitations will expire on our case in a couple of months. Should we find a new attorney? Would we be liable for anything if we fired these guys? I feel that this may be a tactic that they use on their clients so were pressured into settling instead of going to court.

[LtTragg]

I'm not a legal professional, and I think no actions can be taken until the doctors say there's nothing else that can be done. Only then can settlement negotiations begin.

I do also believe limitations statute does not apply when medical treatment is ongoing.

Look at the issue from the extreme: If she was comatose, could statutory limitations of time be imposed? Of course not.

When treatment is ended, make sure the Dr. notifies the attorney, and make sure the attorney's office receives the notification.

[Indiana Filer]

The SOL will run out even if you are still getting medical treatment. Have you actually signed a contract with this law firm?

[Yort]

Yes we did sign a contract. One way or another we are going to file a suit before the SOL runs out.

[Indiana Filer]

Originally Posted by Yort

Yes we did sign a contract. One way or another we are going to file a suit before the SOL runs out.

I'd call, and if I got no answer, I'd go down there in person. You do not want to let the SOL run out without something filed.

[You Are Guilty]

On the other hand, failing to file a complaint within the SoL is probably 50% of all legal malpractice cases - they're so easy to prove!