Legal Question in Personal Injury in Georgia

I was involved in an automobile accident on March 23, 2008. It was a hit and run, the driver was caught, ticketed for failure to maintain his lane and leaving the scene. Shortly thereafter he disappeared. I have a fractured vertibrae in my neck and mid-back. Since noone can locate the individual that hit me, my current lawyer is telling me I will have to file uninsired motorist, but my insurance company doesn't want to settle the claim and I cannot get my lawyer to return my calls. What options do I have?


Asked on 11/02/11, 8:50 am

5 Answers from Attorneys

Quinn Johnson, Esq. Johnson PC, Attorneys at Law

If you were injured in a collision because of the fault of a negligent driver, the time period that you can bring a claim (Statute of Limitations) in Georgia is (2) years from the date of the accident.

Based on the information given, your time period to bring a case ended on March 23, 2010. If the accident occurred on/after November 2, 2009, you would still be able to recover compensation for your injuries.

Good luck.

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Answered on 11/02/11, 9:03 am
David Glass Law Offices of David H. Glass, LLC

As stated before, your statute of limitations expired last year (on March 23, 2010). Your attorney should have filed a lawsuit to preserve your right to recover. If he did not file a lawsuit, you cannot recover anything from the insurance company. And, assuming he didn't drop you as a client, he would have committed legal malpractice.

You need to determine whether he filed a lawsuit. You can call my office and I can reach out to your old attorney to determine the status of your claims.

Best,

David H. Glass, Esq.

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Answered on 11/02/11, 9:17 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your statute of limitations expired on March 23, 2010. Your attorney should have filed a lawsuit before that date. If he did not, you lost all right to recover and will not be paid for your damages.

His failure to do so is probably legal malpractice. You should immediately retain counsel to see if you can sue your lawyer before that statute expires, and you will want to report the lawyer to the State Bar for discipline.

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Answered on 11/02/11, 10:02 am
Kimberly Grant Law Offices of Wayne Grant, PC

The statute of limitations expired 2 years from the date of the injury. The attorney you retained needed to file a lawsuit by March 23, 2010. If the attorney did not file suit by that date, you should contact a different lawyer to see if you have valid claims for legal malpractice. If you do, you may be able to recover money damages in an amount equal to what you could have recovered if your attorney had not failed to file a lawsuit.

Please feel free to contact our firm if you would like us to look into this matter for you.

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Answered on 11/02/11, 10:23 am
Ronald Arthur Lowry Ronald Arthur Lowry

The Statute of Limitations ran for filing suit on March 23, 2010. If a lawsuit was filed and served on the UM carrier within that time you can still go forward. The fact that the UM carrier is offering nothing on what appears to be a clear case of liability with serious injuries is troubling but it is not unusual as insurers often deny legitimate claims. The fact that your attorney will not return your calls is also troubling. You have the right to fire your attorney if you are dissatisfied and hire another lawyer. Several other responders have suggested legal malpractice may have been committed by your present lawyer. I do not know if or if not that is the case but you need to take action quickly to determine if a suit was filed and if the UM carrier was served, which is a prerequisite for holding the UM carrier responsible.

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Answered on 11/02/11, 11:24 am


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