Legal Question in Legal Malpractice in Maryland

QUESTION: What must I do to initiate effective Bar proceedeings against my (unofficial?)Attrny and What course of action to pursue to proceed against opposing auto accident Party/Insr co. despite exceeding the Statute of Limitations (3 years for auto accidents)?

-History

I was in a major automobile accident 3-1/2 years ago in which i was not at fault.

Im still regularly in pain(back & knees)and regular periodic steroidal injections for pain management since.

Around 2yrs-2yr&3mths;post accident and a pitiful sttlmnt offer from the opposing Insurance co., I authroized my attorney to turn my case over to a trial attorney.

From then till now,Ive only met with new attrny 2x. This new attrny keeps:

1-Postphng mtgs (5+ times)

2-Has not extended retention docs

3-Has not made any filings,

4-Not followed up with opposing party,

5-Lost records (no fault circumstances) and No documntation progress

Neverless, minimally one year invlvement they're asking for patience, promise their interest and claim they will diligently pursue.


Asked on 8/13/12, 8:19 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Unfortunately, if suit was not filed within 3 years of the accident date, any later suit would be subject to dismissal per the statute of limitations, as you've already noted. It's extremely doubtful that the driver's insurance will volunteer any settlement under the circumstances. You need to immediately retain an attorney who handles malpractice cases and authorize them to recover your file. Hopefully one or both of the attorneys you retained on the accident case has malpractice insurance coverage, which will cover the claim. I have handled such cases and on the facts you present they usually result in a settlement with the malpractice carrier.

Robert Sher

[email protected]

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Answered on 8/13/12, 9:04 am
Lawrence Holzman Holzman Law Firm, LLC

If the attorneys representing you missed filing suit, then they have probably committed malpractice. You should consult with a lawyer experienced in this area of law ASAP. If you would like to give me a call, know that I have spend most of the past 13 years at one of the most successful malpractice firms in Maryland. I will be happy to assist you.

Larry Holzman

(301) 876-4393

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Answered on 8/20/12, 10:00 pm


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