Lawyer Malpractice Loses Settlement Money...

by Jenn
(Dearborn Heights, Michigan)

I was a pedestrian hit by car in September 2009. I was hit in a school parking lot while walking back home. I had a lawyer but they ended up dropping my case a year later. They never told me to change the police report because I was at the hospital when they questioned people. I did not have a way to the office, I was in pain and had horrible panic attacks.

The insurance company paid all the bills and wage loss for a few months. I am still messed up with neck pain, back pain, in my upper thighs it feels like it locks up and I have the worst pain. I had trouble going to doctors because the lawyer took forever to get a claim number. Now I have to suffer because of a bad law office. It doesn't seem right.

Is there anything I can do so I can get further treatment or wages for all the pain I live with? Can I have a new lawyer look at the old case?

Visitor Question:
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ANSWER for "Lawyer Malpractice Loses Settlement Money...":

Jenn (Dearborn Heights, Michigan):

You can certainly hire a new attorney. Depending upon the date of your injury in September your time to settle your claim or file a lawsuit may be quickly come to a legal end. As your attorney may have told you, the State of Michigan has a 2 year Statute of Limitations.

This means if you haven’t settled your case or filed suit within 2 years from the date of your injury, you will lose your legal rights to recover compensation through an adversarial process.

If the 2 years Statute of Limitations period hasn’t expired and your first attorney hadn’t filed a lawsuit on your behalf, you certainly can consider retaining a new attorney. But the time to file suit may have already expired. Be sure to look at the date of the injury and compare it to the end of the 2 year limit.

Once the 2 year time limit has passed you will lose your legal rights to recover compensation for your injuries. Just be sure you are not making a decision based on emotion, but on facts.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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