Legal Question in Personal Injury in California

I was involved in a car accident last year. The case was taken on pro bono. I have left messages as the status and I'm told they are waiting for medical records from the hospital. I only went into the emergency once. I know I have a time limit of two years? is this correct? what happens if nothing is done within the two year time frame? I was rear ended from behind and have about 10 thousand in doctors bills. Should I write a demand letter or give the case to another lawyer any info is much appreciated
Thankyou

Asked on 12/19/11, 10:02 am

4 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

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Hello,

You probably meant that your case was taken on "contingency" and not "pro-bono". Unfortunately, it's common for attorney offices not to be responsive to client's calls.

If the lawsuit is not filed within 2 years, and the claim doesn't settle beforehand, the case will be forever barred.

If you have diligently tried to contact your attorney without success, it might be worth considering taking your case to another attorney and not let more time elapse and worry about the upcoming 2 year deadline then.

Thanks,

Arkady Itkin

San Francisco Injury Lawyer

www.sanfranciscoaccidentinjurylawyer.com

Answered on 12/19/11, 10:09 am

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Robert Worth Robert J. Worth , Professional Law Corporation

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I would agree with Mr. Itkin. Personal Injury cases are generally taken on a contingency basis meaning that there is no fee or costs unless there is a recovery/settlement. Thus, it is contingent. And yes, there is a two year statute of limitations.

Also it is not proper that you have had to leave numerous messages for your attorney. I your attorney does not return them you might want to send an email expressing your concern about this and any other issues and that if you are ignored you will look for another attorney to represent your interests or just do that without further delay if you done everything you feel was suffieicent and you are still not being contacted back. Good luck. and regards, R. Worth

Answered on 12/19/11, 10:51 am

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George Shers Law Offices of Georges H. Shers

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Both attorneys above are correct. You can hire a new attorney without increasing the costs to you as the old attorney will seek a portion of the total attorney fees from the new one. If ;your condition has reached maximum improvement then your attorney should begin settlement discussions with the other side.

Answered on 12/19/11, 11:46 am

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