Legal Question in Personal Injury in California
My mom and sister were involved in a re-end collision in California. The accident occurred 1/26/07. She sought legal help in Feb 07'. The law firm that she was referred to has had all their medical files since March of 08'.
In July of this year, she refused the amount the Defendant was willing to settle for because it wasn't enough to cover their medical bills combined with the attorney fees. Her attorney urged her to settle and she refused. After she spoke with the attorney she heard nothing until last week. Last Friday (11/2/09) she received a call form the law firm that the deposition is on 11/13/09 and the case has been re-assigned to another attorney. She cannot make the deposition and they are unwilling to change the date. She feels that they have not taken any interest in her case up until this point and are now not working with her.
Questions:
1. What is the statue of limitations on a rear-end case in CA.
2. Can she take her case to another law firm or is it to late.
3. Will she pay this law firm any money (This law firm is not the, "You pay us only if you win") and can they turn around and sue her?
4. She is willing to go to court if it comes to that. She just wants to be properly compensated for her medical bills and have enough to cover the legal fees. If she decides to stay with this law firm, how can she get them to negotiate a higher settlement.
5. What happens if she does not attend the deposition.
Hope this helps and we get an answer...
2 Answers from Attorneys
It appears that a lawsuit already has been filed, so the statute of limitation should not be a concern -- unless the lawsuit was filed more than two years after the accident.
She can take her case to another law firm. But remember that the current law firm would probably place a lien on the case for the work they've performed, so the case likely would not be very attractive for another firm to take on contingency, since they probably wouldn't get paid. So, as to any settlement achieved with anyone else, the current law firm's name probably would be on the settlement check.
Often cases might not settle and totally cover all medical bills. The lawyer is skilled at working with the doctors to compromise their bills. The lawyer probably explained that to your mother and sister, but they might have been looking at the numbers and not focusing on what the lawyer was saying.
Deposition dates can usually be changed unless the court has ordered that the depositions be taken on a certain day.
The value of the case might increase if they are terrific, sympathetic witnesses, who tell a good story about how the accident impacted their lives, making them unable to, for instance, care for the 100 relatives who always counted on them to buy food for them to eat and who will now starve since they can't work because of the pain caused by the rear-ender.
If she does not attend the deposition, the lawyer for the defendant will go to court, file a motion to compel attendance at the deposition, ask for a monetary penalty against her, and her lawyer would probably withdraw because she's not cooperating.
I agree with everything that Robert has said except for the deposition issue. If you live more than 150 miles from the place of the deposition, they cannot force you to come. They may have to take the deposition at your location or pay for your travel expenses. Your attorney shoud be able to work this out.
Values of cases have gone done considerably in California over the last 10 years. Perhaps you should get a 2nd opinion from another law firm and that will help you in making decisions on your case. Please consult us for a free consultation. You are free to change firms at any time but you have to remember the 1st attorney will have a lien for services he has rendered.
Please visit our website at www.lawkuhn.com for more information.
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