Legal Question in Personal Injury in California
Almost two years ago, I hired a personal injury attorney for help with a car accident. Now, just two weeks prior to the statute of limitations being up, they inform me that due to the copy service being behind schedule, they are unable to get the medical records in time to prepare a demand letter and would like my permission to file a lawsuit. Once a lawsuit is filed, their commission goes up. I feel like this is an unprofessional tactic to squeeze more money out of my case. At this point, I don't know if I have any other choice than to file with them. Are there other options and would you be willing to take a case that is this close to having the statute of limitations being expired? If so, what would your commission be and how would you best represent me?
Thank you.
3 Answers from Attorneys
While you can certainly obtain a different attorney, and while they, perhaps, should have already done the demand, most cases these days are required to be filed and you would have to file a lawsuit anyway. You might try asking them to keep their percentage the same, until the defendant answers the lawsuit. This should give them time to get records and do a demand.
This part of the site is not the find an attorney portion. I do recommend that you retain an attorney immediately, and if need be, file a lawsuit yourself to prevent the statute of limitations from running. I can recommend the bar referral service for San Diego County.
No one is going to agree to take a case without full review of the facts to determine if the case has merit, value and collect-ability. You still have time to consult with other counsel and hire one you are more comfortable with.
If serious about seeking counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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