Legal Question in Personal Injury in Pennsylvania

statute of limitations

My 82 year old father was t boned in an auto accident on jan 9 2004 by a hit and run driver who was later found. The other parties insurance carrier accepted liability. My father had some tests run but was just bruised and in pain for about three weeks but recovered. The defendants carrier made a settlement offer of about $300. I wasn't satisfied and sent all the papers to an attorney who told me he'd take care of it but strung me out for 17 months and never returned my calls although his secretary assured me he would. Now I'm up against the statute. How can I settle this with the carrier before the statute tolls? I look like a fool because I told their adjuster that this attorney was going to handle the claim. Can a precipae be filed by me before the statute tolls. I'm afraid the carrier will put me off until Jan 9 passes and then tell me to go fly a kite. Thanks


Asked on 12/15/05, 12:59 pm

3 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: statute of limitations

You need something from the other attorney stating he is no longer handling the matter and has no claim. A writ of summons can be filed up to the deadline. Service of process must be made within 30 days of filing unless the defendant is avoiding service. I offer free consultations.

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Answered on 12/15/05, 1:35 pm
Paul Stacom Law Office of Paul J. Stacom

Re: statute of limitations

You need to send a letter to your attorney and either get him to file a Writ of Summons, or terminate his representation and meet with another attorney ASAP, in order to have the statute covered by filing a complaint of Writ of Summons. Please contact me ASAP if you wish to pursue. I have several office locations.

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Answered on 12/15/05, 1:41 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: statute of limitations

You need to file a Writ of Summons to toll the statute of limitations. Call your attorney and insist that he do so, or have your father notify his attorney that his representation is terminated call another attorney and have that attorney file the Writ and then try to settle the case.

Should you need any assistance, feel free to contact me. I am in Western PA, near Pittsburgh.

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Answered on 12/15/05, 2:45 pm


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