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Old 12-18-2007, 08:48 PM
Jim B.'s Avatar
Jim B. Jim B. is offline
Who's flying this thing ?
 
Join Date: May 2006
Location: N. California./ N. Nevada
Posts: 3,611
Malpractice by lawyer???

Not enough information here.

Has your lawyer been "negotiating" all this time?

If there is no liability issues, (other party is totally at fault), why has there not been a Court judgment - at which time you could enforce it by seizing bank accounts, and other assets?

I have no idea of the procedure in that state, but you are correct that people who owe money can sit on it and collect interest on it, instead of paying it.

Without knowing more and what your lawyer did, maybe it was not enough and you need a different lawyer, one who is a real pit bull.

Something sounds not right here


If the attorney hasn't filed a lawsuit, yet, perhaps it is time for him to do so.

IF the attorney let the statute of limitations, (for bodily injury, in California it is one year from the date of injury) run out, and no lawsuit had been filed, in my opinion, if he was hired by you and he let this happen, then you have NO legal recourse, you can NOT file a lawsuit anymore, you are totally out of luck, and the lawyer you hired has COMMITTED MALPRACTICE.

If that happened, you need to contact another lawyer, and see if in fact he has, and if so, file a lawsuit against your first lawyer for malpractice.

Letting the statute of limitations run out, by the way, is the most common act of legal malpractice that there is.



The insurance sounds like either "pool insurance" (ultra high risk drivers obtaining "assigned risk" insurance from a "pool" of insurers who are forced by the state to insure bad risk drivers, if they want to be allowed to stay in business, but usually only insure for minimum state policy limits),

or,

some kind of "no fault" insurance policy.

I can't be sure given the dearth of information provided by you, here, so far
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Last edited by Jim B.; 12-18-2007 at 08:56 PM.
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