Legal Question in Personal Injury in California

Re: How long does this really take?

Assuming you mean that you wanted to file an injury claim, not defend against one, you had one year to file suit or lose your PI claim. IF it was filed timely, courts generally will not allow it to 'hang around' longer than a year. SO, something is wrong. Go to the court clerk's office and check the court file to see the status. If the case has been dismissed 'for lack of prosecution' you may have grounds for a malpractice claim. If it is still 'active', get your attorney to pursue it, or get a new attorney.

Re: How long does this really take?

If your attorney will not answer your questions, have another attorney speak to that attorney for you. Very often just a communication problem and may not have to replace the attorney.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: How long does this really take?

If your second attorney won't tell you exactly what's going on, fire -her-. First write her a letter asking what the status of the case, the case number, the court, and the next court date. Hopefully the first attorney filed a lawsuit within the statute of limitations. If not, hopefully the 2nd attorney filed a malpractice lawsuit against the 1st attorney. On behalf of my profession, I sincerely apologize for the fact that there appear to be so many screw-ups among licensed California attorneys. You could also go to the closest courthouse to where the accident happened and see if you are listed in the plaintiff's index.

Re: How long does this really take?

It is possible the matter is still active. The statute would likely have been 1 year for your case so I sure hope a lawsuit was properly filed. If so, you should have had to answer discovery questions and likely have your deposition taken. Tell your new attorney in writing to send you a case status in writing immediately and ask for the court and case number, as well as all upcoming dates. I will be glad to assist you in finding your case, if one is filed. Good luck and thanks for your question.