Legal Question in Appeals and Writs in California
Car accident
I was in a car accident in 1995. I suffer with a herniatedisk in my lower back. I got 20,000 for future surgery. My lawer said the other person's insurance is fighting to give me for my pain and suffering because the truck i borrowed didn't have insurance. My lawer sent it to the superior court judge for ruling. It's been 6 years. I'm always calling my lawer because he never calls me. I called him 2 months ago to ask him what's going on with my case. He told me i should forget about it. But at the same time he said do you still want me to handle your case. I told to a lawyer and she said it sounds fishy. What should i do.
4 Answers from Attorneys
Re: Car accident
Go look at the court file. It sounds that your lawyer almost certainly malpracticed your case and is lying and hiding it from you.
Re: Car accident
Something sounds wrong. There is a 5 year statute for going to trial. This lawyer still apparently claims he is representing you. It sounds like the case has been dismissed and he just does not want to be sued for legal malpractice. However, in a legal malpractice case, you have to prove that you would have won. I handle cases throughout California and would review all of your corresonpondence and court filings without charge if you fax same to me at 714 363 0229. If they are voluminus, you should mail them to me. I will call you as soon as I receive them.
Re: Car accident
Can you afford for me to investigate this for you? Estimated cost, if local to L.A., under $1,000. IT IS DEFINITELY FISHY! All cases must be brought to completion within 5 years from first filing except for appeal. To start, copy all your papers and send to me along with retainer. If unreasonable, go to the court where you believe your lawyer filed and ask for your file; you will be permitted to review it and copy if you like. Your lawyer sounds like he committed malpractice and may have to be sued. I'd love to help you get definite answers. No use calling the lawyer any more. Good luck. Mary Thorndal, Esq.
Re: Car accident
Write your attorney a letter demanding your entire original file and giving him one week to have it ready. Then go there and pick it up then. Take it to the lawyer who said it sounds fishy and let her tell you what really happened.
If you cannot get the file, take that information to that attorney.
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