Legal Question in Personal Injury in New York
Statue of limitations
My Personal Injury Atty advised my after 2yrs and 9months that they were dropping my case. I live in NY where 3yrs is the limit. Can I take action against the Atty for wating so long to drop my case.
4 Answers from Attorneys
Re: Statue of limitations
You can, but first you should contact another attorney who may be willing to handle the case - feel free to call for a free consultation.
Re: Statue of limitations
No you cannot. Prejudice does not accrue until the third year. Besides your attorney may have had to see whether your damages were worth placing the case in suit, sometimes this can take time. For instance in a motor vehicle case an attorney needs to see if your injury meets threshold.
I would not sue the attorney at all. Be proactive and try to find another attorney. If no atty will take your case then perhaps you did not have a case to begin with.
Re: Statue of limitations
You should remember that in order to win a legal mal action u gotta prove that the underlying case is meritorious.
Re: Statue of limitations
You still have time to seek other counsel. Don't delay. Best, M. E. Zuller
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