Visitor Question

Lawyer Malpractice Loses Settlement Money…

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jenn,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 13, 2011

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