WHAT HAPPENS IF AN ATTORNEY MISSES A FILING DEADLINE IN A PERSONAL INJURY CASE?

Get Legal Help Today

 Secured with SHA-256 Encryption

WHAT HAPPENS IF AN ATTORNEY MISSES A FILING DEADLINE IN A PERSONAL INJURY CASE?

I HAD FILED A CLAIM WITH A BREAST IMPLANT LITIGATION CASE. I HAD THOUGHT MY ATTORNEY HAD FILED ALL THE PAPERS THAT NEEDED TO BE FILED BEFORE THE DEADLINE DATE. THEN I RECEIVED A LETTER STATING THAT SHE DID NOT FILE ALL THE PAPERWORK ON TIME. I WAS UNABLE TO GET A HOLD OF HER ON PHONE OR OFFICE. A COUPLE WEEKS LATER I GOT A LETTER REGARDING HER PRACTICE AND THAT SHE HAD FILED BANKRUPTCY. NOW I AM STILL STUCK WITH MY IMPLANTS. I HAVE BEEN ON AND OFF JOBS DUE TO MY HEALTH BUT I AM DOING ON-LINE COURSES. TO EASE MY MIND I JUST WANT TO KNOW WHAT COULD I HAVE DONE .

Asked on June 24, 2011 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An attorney who misses a filing deadline can be sued for malpractice.  A classic case of malpractice is missing the filing deadline in a personal injury case when that filing deadline is the statute of limitations.  If your claim is now barred because of the missed filing deadline, you could have filed a lawsuit for malpractice; however, since your attorney filed bankruptcy, you won't be able to proceed with your lawsuit.

You might want to contact the  CA State Bar because the attorney could still be subject to discipline for having missed the filing deadline in your personal injury case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption