Legal Question in Personal Injury in California

Has a lawsuit been filed? In California the statute of limitations in the type of case you described is two years (with few exceptions). Unless of course your daughter is under 18 years of age.

Since you say it has been two years and he hasn't done much and says he can't do much, ask him to withdraw and give you a letter stating he does not hold a lien on her case. You can then take the file to any lawyer of your choosing.

You can also go to another lawyer right away. However, the above steps, if taken by you, will make it easier to hire a new lawyer.

Good luck,

Mr. Tashjian is correct but given the timing I would do it in the opposite order. Go find another lawyer immediately and have them contact him about withdrawing. You do not have to wait for your lawyer to do anything or nothing. A client can fire their lawyer and hire another one at any time. All you have to do is find another lawyer to take the case. They will do the rest as far as getting anything transferred.

Unfortunately, there are some attorneys, well known to the insurance companies, who never take cases to trial so usually can not settle them close to their value. When an insurance company refuses to settle, then yo file a lawsuit and prepare for trial; eventually they will make an offer unless the case has no value [that is a decision based upon the law and not necessarily whether the person was injured, as the other person must have been negligent and owed a duty not to injure your daughter -- such as not running their car into the vehicle in which she was riding]. So go interview attorneys who will actively handle the case and can prove to you they take cases to trial. Good luck, and be sure to file suit before any statute of limitations [generally two years for personal injury] runs out.

Your daughter's situation is not at all typical for personal injury claims. Assuming that the statute of limitations has not already run, you need to find an attorney who has experience with special needs clients. Most of us who do personal injury work do not have that experience.

The other answers are basically correct. You have a right to change lawyers at any time. Do not make the mistake you made with this first lawyer. Interview several experienced personal injury lawyers in your area. Look at their websites and see what type of cases they handle and their success rate. Meet with them and see if you feel they are the lawyer for you. Have the new lawyer contact your present lawyer and have them obtain your file from the previous lawyer.

Good luck.

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .