Legal Question in Legal Malpractice in Minnesota

My lawyer screwed up my no-fault claim

I am not sure what my rights are after my attorney did not submit my losses in time. I was a pedestrian hit by a motor vehicle. My attorney after 4 months in March 2003 filed for arbitration.

Anyways my attorney had a petition of over $30000. So I get to arbitration December 2003 and the arbitrator says he did not have time to review the new petition and will not add it to the petition that was filed in March 2003. So he said all that was entered was $700. I could not believe that my attorney did not file for wage loss even between December 2002 to March 2003. My lawyer told me that day he did not like this arbitrator because he wrote articles in favor of insurance companies and he will file again.

Anyways the arbitrator suggested to my attorney to file another arbitration and that he was only looking at the $700. He denied entering the $30,000 in this arbitration. Anyways the arbitrator ruled in my favor saying in fact I received a mental and physical injury. But now what?

My attorney said he would file again in December that day and has not. I keep calling and now they seem rude to me. I am out all that money and my chiropractor almost turned me away.

So I would appreciate it on what rights (if any) I still have?


Asked on 1/14/04, 10:58 am

1 Answer from Attorneys
Todd Johnson Johnson & Bannon

Re: My lawyer screwed up my no-fault claim

If your current attorney won't talk to you about this you need to find another attorney to handle this as soon as possible. I am not clear on the facts you presented on what is happening. If a no-fault claim is for more than 10,000, you can not bring it in front of an arbitrator. It needs to be presented to a court.

Find another lawyer right away to see if they will take over teh handling of this claim. Depending on the facts you may or may not still have a claim for these benefits. Your new attorney should be able to tell you based on the particular facts.

Our office is not representing you on any matter. Because time can be of the essence in these matters, you should contact the new attorney as soon as possible.

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Answered on 1/14/04, 11:12 am


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