Legal Question in Personal Injury in California
get an result on an auto accident that happen more than 1 yr ago
have an auto accident on 04305 large impact noise but almost no damage in back, momentum carry us to hit the car in front, contact attorny signed all papers, and received letter from attorney on jul05 that they are proceeding our case. never received any copy of document that we signed at all,also never heard from our attorney any more, contact insurance co one month ago and was told case already settled ,and we lost the case since our attorney refused to let us give the statement. try contact the paralegal that take the statemwnt from us, we called almost 100times, and he finally called us back and told us the case is still pending, he promised to send us copy of all the documents and it has been 3 weeks and we still never heard from them, my questions is there any way we can get all the documents on hands? and is there any way that we know the case is really closed? we do not want sometimes in the future all of a sudden we found we still have any legal liability to anyone.
3 Answers from Attorneys
Re: get an result on an auto accident that happen more than 1 yr ago
Write a letter (do not call) to the attorney (not the paralegal). Tell the attorney he is fired, and you demand that your file be returned within 10 days. send the letter certified mail return receipt and keep a copy. if this does not result in the return of your file call the State Bar of California. Also consult another attorney about suing the first attorney for malpractice. Do these things right away. Good luck!
Re: get an result on an auto accident that happen more than 1 yr ago
YOU HAVE TWO YEARS TO FILE A LAWSUIT AGAINST THE OTHER DRIVER. SO YOU STILL HAVE TIME.IF YOUR ATTRONEY SETTLE YOUR CASE WITHOUT YOUR KNOWLEDGE, THAT IS A CLEAR GROUND FOR MALPRACTICE. TO GET YOUR FILE, SEND A NOTE TO YOUR ATTORNEY DEMANDING YOUR FILE IMMEDIATELY AND IF YOU DON'T RECEIVE YOUR FILE, CONTACT THE STATE BAR COMPLAINT HOT LINE. IF I CAN HELP YOU FURTHER PLEASE CONTACT MY OFFICE AT 213.388.7070.
Re: get an result on an auto accident that happen more than 1 yr ago
Write to your attorney and tell him you are replacing him, request your complete file be ready on a specific day and time, so he has time to copy it if he wants. Go pick up the file on that day. Then go see another attorney. You still probably have time to file a suit if it hasn't been filed. If it really is filed and 'settled' without your knowledge or consent, contact the local bar association, and the CA State Bar Association to file a complaint against the attorney. Your new attorney can help you.
However, you didn't say if you were injured. Unless you were injured and had medical bills to prove it, there would be very little value to the case other than property damage to your vehicle. If you were injured, feel free to contact me to discuss the facts and your remedies.
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