Legal Question in Personal Injury in Massachusetts
I have a question (obviously :)... Any answers would greatly be appreciated. My hand was seriously injured in a accident/ incident involving a backhoe and trailor in CT. I saw an attorney in MA 'before' the CT 2 year SOL (statue of limitation). The attorney missed the SOL... After speaking with another attorney we were told that the case can 'possibly' be tried in MA (I assume it's because both Plaintiff and Defendant reside in MA) ... We were told that because the case 'may' still be tried in MA, the original attorney couldn't be sued for malpractice. Is this true? I trust my new attorney, but I'm just very confused at this point. New attorney said the the SOL law in this case is 'very unclear' and may be very difficult to find an attorney who will take the underlying case, now that the CT 'SOL' has passed. But the MA 'SOL' has NOT expired, yet... Does anyone have any experience with a case like this?? Again- any answers/advice would be greatly appreciated... Thanks.
1 Answer from Attorneys
It is difficult to follow but an attorney does not have the obligation to file suit on your behalf unless he agrees to be retained by you and unless you have hired him on an hourly basis, you have a contingent fee agreement in writing. So you or may not have a claim against the attorney who did not file suit before the CT statute ran. I have had several similar cases one of which went to MA Supreme Court, another that was decided in Federal Court. I could provide you with the legal citations and you could read those decisions but I am not sure you would understand completely unless you went to law school and took conflict of law course. It seems you have now hired another attorney but are shopping for other advice on the internet and probably accepting advice in church, the bar, the supermarket. If you trust you new attorney you might not be asking around. You need to understand that you cannot simply decide which statute of limitation you want to have apply, there are legal rules involved. If you want to hire an attorney for advice by the hour you could probably get clearer answers. I would think for $250 or $500 you could find a knowledgeable attorney who would be willing ask the correct questions and give you advice and help you to understand your rights. Best luck. Regards, JBS