Legal Question in Personal Injury in New York
dismissal
I was in a car accicent in 1997 and has my deposition on nov 2001 for a year i called the lawyers office to check on my case for a up date and all i was told was to leave my name and number that the lawyer would call me back and i did not received a return call back. I went to the court and i was told my case was dismissed due to the lawyer not showing up to the court date.I dont know what to do about this matter can you help me.
2 Answers from Attorneys
Re: dismissal
Obtain a copy of the order of dismissal, you will need this to discuss the matter with others. You should also send a letter, certified mail, return receipt requested, asking the lawyer for an explanation. If he fails to respond, you should file a complaint with the disciplinary committee for your area. It is likely that you will have to sue him for legal malpractice. For further information you may call us at (212) 267-7000
Re: dismissal
There are two things you may be able to do. 1) Restore the case. This is unlikely, depending on how long ago the case was dismissed; 2) Sue the lawyer for malpractice. This depends on how good your case was and what type of injuries you had. I handle these cases on a contingency basis and please feel free to call me tomorrow (Friday) if you wish to discuss the situation. My number is 212-622-7180.