What is the statute of limitations on a personal injury case?
I was a passenger in an automobile accident 3 years ago… I contacted a lawyer immediately afterward and had begun the case, but the lawyer has given me sub-par service and has been not returning my phone calls. I’m wondering if I can go to a different lawyer, or I should stick with this one. I still have paperwork he wants from me, but because he has failed to return my phone calls I have not been able to complete the paperwork to send it in. anyone know what I should do here??
That depends on what state you live in. In a lot of places, it is only 2 years. Sorry.
In the Uk it’s 3 years, not sure about anywhere else.
Good Luck. X
my husband is going through this. 5 years statute of limitations. if your lkawyer is not doing what you want, dump him. you are paying him,. he is working for you. move on.
In many states, the statute for negligence is 3 years, but it varies state to state and an accurate calculation depends on a lot of factors. If you are not satisfied with your lawyer, you can of course talk to another one. If you lose your case because the lawyer misses the SOL, you may be able to recover what you would have won from your lawyer instead, but that’s vey difficult to do. If you’re lawyer filed the case in time, there’s a good chance there are no SOL problems, but I can’t say for sure. Let your lawyer know about your concerns and there’s no harm in just talking to another lawyer. There may be consequences to switching lawyers, but not just to talk.
Note that I am not a lawyer yet and cannot give you legal advice.
Normally three years in most states, some two, and a few one year. However, if fraud is involved, then that can open up a can of worms and you may take that approach as against the defendant.
The statute of limitations varies by jurisdiction. It governs the time in which the complaint must be filed and served. If your lawyer filed and served the complaint, you have no problem with the statute of limitations.
depends on the state. call a lawyer
I would fire him, complain to your State BAR ASSOCIATION, and hire another. You have 12 months-one year-to retain an attorney but you have all ready started your claim so just fire this one and find a better lawyer.
For the statute of limitations you can go to http://www.statutes-of-limitations.com/ and click on the link for your state to see the statute.
You can always get a different lawyer but another lawyer can’t talk to you until your current one withdraws. You can ask him to file a Motion to Withdraw. Once its in place you can find someone else.
This is not legal advice as I am not an attorney.
Check with your local bar association. They will help you and if need be file a complaint against the lawyer you have now.