Lawyer delaying auto accident lawsuit

[bootha]

What is the name of your state? : CA

My car was rear ended in a freeway and i was hurt physically. I hired a lawyer in 2017 and lawyer has been delaying filing the case against insurance because hes busy with his other cases but blames my hospital for delay. I went to hospital, collected records, loss of revenue from my employer etc and gave it to him 3 months ago. The two year limit is approaching in Apr 2019.

I am unable to get lawyer work on my case. What are my options.

In my last email communication to lawyer, I requested him to reply if he is willing to work on my case before Apr and I HAVE NOT received a single reply yet..

Thank you in advance..

 

[Zigner]

What does the attorney say about the approaching deadline?
If you aren't satisfied with your current attorney, you may wish to hire a new one, but this late in the game it may be tough to even find one willing to take it on.

 

[adjusterjack]

I HAVE NOT received a single reply yet..

There's a thing called a telephone. It was invented over 100 years ago. Use it. Use it repeatedly if you have to. Use it to call his bosses. Use it to file a complaint with the state Bar if you have to. Your lawyer works for you. He should be responding to you.

And if he misses the deadline for filing the lawsuit, that's malpractice, and you can sue the pants off him. There are lawyers who specialize in suing other lawyers.

 

[quincy]

What is the name of your state? : CA

My car was rear ended in a freeway and i was hurt physically. I hired a lawyer in 2017 and lawyer has been delaying filing the case against insurance because hes busy with his other cases but blames my hospital for delay. I went to hospital, collected records, loss of revenue from my employer etc and gave it to him 3 months ago. The two year limit is approaching in Apr 2019.

I am unable to get lawyer work on my case. What are my options.

Thank you in advance..

Because you are rapidly approaching the deadline, I suggest you - first - make an appointment with your current lawyer to sit down and discuss the status of your case and your concerns about the deadline for filing and - second - if you are unsatisfied with what your attorney has to say, find another attorney to take over your case.

Depending on facts and the work your current attorney has done on your case to date, you might find yourself having to pay two attorneys or, again depending on facts, you could be entitled to a partial refund of retainer money paid to your current attorney that is not as of yet earned.

 

[bootha]

Thank you every one for your reply.

I have been calling my lawyer every day and leaving a VM. He simply does not return the call. No emails either. He is a single lawyer and he has his own firm.

 

[Zigner]

...and if you can't make an appointment, take a trip to his office some morning and sit in the office until he sees you.

 

[bootha]

I just read the contract I signed with the lawyer. It talked about him firing me not other way. So Im not sure if I can fire him.

 

[bootha]

...and if you can't make an appointment, take a trip to his office some morning and sit in the office until he sees you.

sigh...I will. This is more painful than injury sustained.

 

[quincy]

I just read the contract I signed with the lawyer. It talked about him firing me not other way. So Im not sure if I can fire him.

You can fire your attorney. He works for you - or, at least, he is supposed to work for you.

 

[HighwayMan]

So Im not sure if I can fire him.

That's ridiculous, of course you can fire him and it sounds like you need to as soon as you line up another attorney to represent you.