Legal Question in Personal Injury in California

A year ago I was in a car accident in which the other driver ran a red light and hit me. I was 3 months pregnant, unconscious and rushed to the emergency room with minor injuries. Since I was not present and the police took over an hour to arrive, the statement given by the other driver was that I had pulled out in front of him and that he had gone through a green light.
A paralegal who helped me out of my smoking car and sat with me until the ambulance arrived took down names of a few witnesses who were not there by the time the police arrived. He also called my fiance with my cell phone and contacted us later with the witnesses information.
Since the other driver had a police statement saying that he was not in the wrong, his insurance company is now sueing us.
Since we had 3rd party witnesses we got a lawyer who took months to interview them. He also insisted that I go to physical therapy which I would not have done if he had not insisted that I needed to for our case to document my injuries.
Now he will not contact us and he hasn't for months. We call, email, and text him every day and havn't heard from him since before Thanksgiving.
What should I do? What does the law say he is obligated to do?

Asked on 1/24/11, 11:44 am

3 Answers from Attorneys

Steven Kuhn Steven Kuhn

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The attorney is obligated to stay in touch with you and keep you updated on the case. If he fails to do so, retain new legal counsel who can get your complete file from the other attorney. If he has not obtained the witnesses statements, this needs to be done right away. The police report is not evidence and cannot be introduced at trial.

You can also report the attorney to the State Bar for failing to keep you reasonably updated on your case and possible for abandonment of the case.

Answered on 1/27/11, 1:51 pm

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