in short statue of limits about to run out cant find a lawyer to help what do i do. had a lawyer for 2 yrs did nothing .

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in short statue of limits about to run out cant find a lawyer to help what do i do. had a lawyer for 2 yrs did nothing .

need lawyer yesterday

Asked on May 29, 2009 under Personal Injury, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not sure what you mean by nothing. If the attorney has filed suit then you are probably okay and have time to find another lawyer. If he has not then you have no attorney of record and can hire another lawyer without the need for a formal consent to change attorney. If the deadline is expiring and you cannot find an attorney then I would suggest that you file a summons with notice on your own in the Supreme Court of the County in which you live. The Summons should state basically what you are suing for I assume negligence and shall seek pain and suffering and lost wages. At least by filing you beat the statute. As long as you state basics an attorney can then file an amended summons with a complaint to account for any weaknesses in your paperwork. However, I would not recomend you doing this unless it was an absolute last resort and only if your attorney has not filed anything yet. If he has, and the issue is following up on it, that is a whole different issue.

Before doing anything I would suggest you go to the attorneys office and demand to see what has been done and if he/she won't see you then send a certified letter stating your beleif that the statute is expiring and you are concerned by the lack of action on the file. You'd be surprise by the sudden attention you will receive.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to find another attorney and fast.

Ask around and see if you can get a recommendation from someone who has a used a personal injury attorney themselves.  If not, go to a bigger firm; you will have more attorneys to choose from and hopefully with a larger support staff they will get things done in  a timely manner.

Also, if the statute runs out due to your attorneys negligence or incompetence you will be able to file a malpractice suit against him/her.


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