Malpractice

[Ghostman36a]

What is the name of your state? Georgia

My question is this: We were involved in an auto accident where the other driver had insurance but had a mexican drivers license. He was arrested and taken away. We were both injured and required 6 months of chiro work and I had surgery as well. Our attorney did not serve him while he was in jail and after we finished our treatments we met with our attorney. The first words out of his mouth was "we better get him served before he disappears since he is a flight risk". Now we cannot find him and if we can't we have no case. If my lawyer failed to serve him when he had him in jail and we retained him 2 days after the accident when we new we were going to need months of rehibilitation and he never acted. Can this be a case of Legal Malpractice since he did not act within a timely manner of being retained? Do we have any case against him at all? Is my only other recourse to file a grievance against him with the Bar?

 

[stephenk]

your attorney can still serve him via Publication. it takes a little bit more time, but it's done all the time when defendants move away and cannot be located.

Plus, you still dont know if the other driver is gone. He was insured at the time of the accident, so he really doesnt have much reason to run.

 

[Ghostman36a]

Stephen, The reason he may feel has to run is that he is here illegally and not knowing our legal system may view this as a means for the US to send him back. I have heard about that publication item before but the problem here is that the insurance company does not know we can't find him to serve him. If we do it thru publication then they will and they may stop all negotiations with us. If we do this thru publication and he does not answer nor is found then what recourse do we have?