Legal Question in Personal Injury in Maryland
After going though a lawyer (with no results) can I persue case myself?
I was injured in an elevator in MO - both the major hotel chain & elevator company would not accept blame, attorney here in MD held on to case for over 4 years, to no avail. Due to the companies involved it is legal to pursue this case in Maryland due to the MO 5 year limitation law (which will expire August 2004)
Last year My lawyer demanded I present $10,000 to his office to continue this case, which really upset me as this was totally against the contract/agreement I signed with him. He dropped my case in January 2004 as I did not respond to a letter he sent me. I don't know now after all this time if another lawyer would take this case or could I communicate directly with the two companies involved. I have in my files affidavits from witnesses, a note from the hotel manager acknowledging this incident, I just can not understand for as clear cut as it seemed to be, that no action came about. Please note: All of my medical has been paid by the hotel chain. Thank you
2 Answers from Attorneys
Re: After going though a lawyer (with no results) can I persue case myself?
Unfortunately your factual basis indicates that your attorney has missed the opportunity. I see no basis for jurisdiction in Maryland since the incident occurred in another state where you were at the time. Little connection lies with Maryland except for your domicile (presummedly in Maryland). Federal jurisdiction is not discussed within my response. Comity requires establishing an action under the limitations of the state through which the action is brought and in Maryland the limitation period is generally three years.
If your so called attorney wants to charge you anything for his/her so called representation then you should consider bringing action against the attorney. It sounds to me that your case has lapsed as a result of the neglect of this so called attorney.
Re: After going though a lawyer (with no results) can I persue case myself?
If you could have ever filed suit against this defendant in MD, that opportunity has likely lapsed due to the running of the 3-year statute of limitations. If Missouri's is longer, you could still sue there. I am not licensed in Missouri, but I am admitted to the bar of the federal court there, and I would be willing to take a look at this case -- but I cannot promise that I would take it. Your MD lawyer may have liability to you if he blew the statute of limitations.
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