Visitor Question

Abandonment of a Lawsuit

Submitted By: O (New Orleans, LA)

After nearly three years of communicating with the insurance company’s attorney via certified, faxed and email correspondence in a personal injury lawsuit that I have filed with the Civil District Court of New Orleans, I have recently received a copy of a Motion for Dismissal for Abandonment.

This comes weeks after I submitted the demand for settlement and finally receiving the policy of insurance which covered the rental property where I was a tenant when I was seriously injured and nearly died.

I fired my attorney in October of 2006 because he accepted a settlement offer without my permission and without having seen the policy of insurance and knowledge of the policy limits.

Q:

When can a lawsuit be considered abandoned?

What constitutes a “formal act” in the litigation?

Can the matter be considered abandoned if discovery has been re-propounded upon the defendant?

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 O,

Each jurisdiction is different and as a practicing attorney in New York, I do not know the answer to your questions.

The Motion for Dismissal should site the case law and/or statutory law which will answer your question.

The judge who decides the motion will have some leeway.

Your affidavit in opposition should show all the acts you have taken to prosecute your case. Submit copies of all your letters and the certified mail receipts and, if you have kept one, a log of your phone calls.

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: November 15, 2009

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