my attorny was working on a workmns comp case for me, in the mean time i also wanted to get my the doctor for wrongful diagnosis & my attorney said "in due time." well i kept after him about that but to no avail. finally my workmns comp case was settled & again i asked what about the dr. now...then he tells me the dr. is untouchable. i figured he was my attorny & knew best, so i tried to go forward with this on my own thru another attorny. i give them my case history & they review it & tell me i have a good case except for one thing...the statue of limitations had ran out. now what i need to know is what can i do about my former attorny and/or is there an attorny who will help me file some kind of suit against them.
2007-08-01 16:54:29 · 8 answers · asked by teresa b 1 in Politics & Government ➔ Law & Ethics
You can sue the first attorney. If you win, you can get the damages you would have been entitled to from the doctor. It is hard to sue an attorney, they all stick together. You will need to go to another city to find someone willing to represent you. You have learned one of life's lessons... never trust an attorney and always carry Vaseline when you do business with them. Good luck.
2007-08-01 17:00:23 · answer #1 · answered by lcmcpa 7 · 3⤊ 1⤋
In many places, missing a filing by a statutory deadline is "malpractice per se," meaning there is no possible argument or excuse that the attorney can make. You hired him, he is responsible for anything you "could" have collected from the doctor. All you need is proof that: (a) you hired him to handle the wrongful diagnosis matter, (b) that he had the case prior to the time limit in the statute, and (c) that your case had merit but was denied because of running of the statute. Ask for triple damages for gross negligence, while you're at it. Send the records to the local bar overseeing agency that licenses attorneys, so they can investigate.
2007-08-01 18:04:28 · answer #2 · answered by Nuff Sed 7 · 1⤊ 0⤋
The only thing you can do is file a complaint with the bar association against him.
2007-08-01 16:57:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Honey, welcome to the real
world. This is what attorneys
do--they screw people out of
their money.
They are NOT your friend. They only care about what's in it for them.
Next time: check out the attorney very carefully, and talk to his clients.
Have you never heard the
expression, "The road to hell is paved with the heads of
lawyers...later doctors were
also added to this truism."
2007-08-01 17:39:28 · answer #4 · answered by Anonymous · 1⤊ 2⤋
You should find a good malpractice attorney -- they'll help you against the first attorney . . . .
Good luck.
2007-08-01 17:02:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
ck w/ the local bar association for steps you might be able to take
2007-08-01 16:58:12 · answer #6 · answered by ali'smama 2 · 0⤊ 0⤋
you get what you pay for, and you gotta pay alot these days because everybody does it, the dollar doent go very far anymore
2007-08-01 17:18:48 · answer #7 · answered by take it or leave it 5 · 0⤊ 0⤋
What does every American feel it necessary to sue for every damn thing? What happen to the old West Cowboy draws?
2007-08-01 16:57:12 · answer #8 · answered by hobbitgonewild 3 · 0⤊ 2⤋