Our lawyer is dragging his feet, he's had the case over 1 year and has 1 expert witness (surgeon) willing to testify for us, but has still not filed suit. If it comes down to it, we only have 6 months left before the statute of limitations runs out. We will need to do something to bring this to court ourselves. Any info would be greatly appreciated.
2007-09-12 08:42:38 · 8 answers · asked by tmorrow65 2 in Politics & Government ➔ Law & Ethics
We don't really have time to start with a new attorney since 6 months is too short a time to start over.
2007-09-12 08:51:52 · update #1
I am a NC attorney. I used to do some wrongful death cases, but don't anymore. I am not looking for business- I already have enough.
I think your attorney is probably waiting on the insurance company to respond to a demand package. I would call and ask him about the case. Ask him if there is a deadline for the insurance company to respond. Ask him if there have been any offers. Tell him you are concerned about the statute of limitations. In NC, it's normally 3 years. If an attorney misses the statute of limitations, then you would be able to sue him for legal malpractice. Do not threaten him with this though. He knows it.
I would also check on the attorney's reputation. Ask some people who are involved in the legal community- does he have a good reputation? If not, go ahead and get a new attorney. But, don't do it before you have spoken to him and are really dissatisfied.
Attorneys often get excited about wrongful death cases because a person's life is often worth a lot, so they might get a big fee. On the other hand, attorneys are rightfully wary of people who got mad and fired their previous lawyer, since this sounds like a troublesome client who would be a problem and difficult to deal with. So, do not fire this attorney unless you know another attorney who can take it.
Do not attempt a wrongful death case on your own. Get an attorney. You will get bounced out of court by any reasonably adequate defense attorney before you can even put on your case. Six months is enough time for an attorney to get up to speed on the case and file a complaint if you need to get a new attorney.
Also, I do not know the facts of your case but I know the law and NC is one of the few states that has contributory negligence, which means that if the deceased did anything wrong (even if he was only 1% at fault), you get nothing- 0.
Since he has an expert witness, that makes me wonder if this is a medical malpractice claim. If it is, good luck in court because the insurance companies hire 3 experts and put on a full-court press and rarely lose one in NC. The so-called medical malpractice crisis is a joke, at least in NC, where doctors rarely lose a case and have special protections against lawsuits that the rest of us don't have due to their influence in the legislature.
Best wishes.
2007-09-12 10:48:08 · answer #1 · answered by Ron L 4 · 0⤊ 0⤋
If he doesn't file suit within a few weeks, get a new lawyer quick! This is not something you can or want to do on your own. Your attorney has to give you a copy of your file. Your new attorney can request the file for you if need be. Luckily when you file suit your case won't go to court for a while so your attorney will still have time to gather the necessary facts and investigate. Filing suit basically puts the other party on notification but if you miss that statute of limitations then there is nothing you can do. I would get on the phone and start requesting action.
I was a paralegal in North Carolina it's not too late to start with a new attorney but if you really do not want that option then you need to speak with the probate clerk of court. If you can't get your attorney to move then your options are limited.
2007-09-12 08:52:18 · answer #2 · answered by Georgia Peach 4 · 0⤊ 0⤋
1. Determine whether or not your loved one was pursuing a personal injury claim against the defendant before he or she died. There are survivor statutes, which allow you to pick up the personal injury lawsuit in place of the deceased. This lawsuit is separate from any wrongful death lawsuit you file, but in many cases, the two are wrapped into one trial or settlement. The point is that you need to find out about any lingering personal injury claims before you think about filing a wrongful death claim.
2. Determine if you are a person who is permitted by law to file the wrongful death lawsuit. This depends on your relationship to the victim, the state in which you live, and the decedent's will. If there is no will, you have to be an adult and someone directly related to the victim, like a parent, spouse or child. Sometimes the person who can file a wrongful death lawsuit isn't the same person who will benefit from any awarded money � there are very clear laws as to who can be a beneficiary. If you can't legally file the suit, but stand to benefit from it, it is important to talk to the will executor or another person who does have the right to act as the estate representative.
2015-06-03 19:29:32 · answer #3 · answered by ? 2 · 0⤊ 0⤋
You will need an attorney to draw up the complaint. You cannot do it yourself. Ask your attorney why he is not doing anything.
You can consider changing attorneys, but you will have to pay the first one for any work he did.
You will have to keep reminding your attorney that the statute of limitations is approaching. If he misses the statute, you will have grounds to sue your attorney.
Document everything in writing.
2007-09-12 08:49:17 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
In California, we took my sister's premature, wrongful death case to the Los Angeles County Coroner, before we hired an attorney. They did an autopsy and declared death was due to a preventable condition (perforated ulcer...peritonitis), and not from cancer as determined by an HMO doctor! We sued him and two other doctors and won. ...settled out of court. Don't know if this helps, but call the Coroner's office in N C and ask some pertinent questions.
2007-09-12 08:52:07 · answer #5 · answered by ArRo 6 · 0⤊ 0⤋
She can sue for whatever she wants, as long as she has provided accurate information, which she probably will do. I don't know about the clown face video with Anna Nicole Smith, but it could have come out before she had died, long before. If it's come out recently, then maybe her death has messed up Howard K. Stern's mind so much that he's started doing crazy things. Hopefully he'll recover soon enough, he is such a sweet man!
2016-05-17 23:26:26 · answer #6 · answered by dixie 3 · 0⤊ 0⤋
You should at least send your Attorney a certified letter asserting that he is handling your case and seems to be dragging his feet. That his continued inaction will cause you to lose opportunity to gain settlement of your case. That you expect him to properly and timely handle your case.
This will set the basis for future actions and may make him get moving. Obviously you are time critical.
2007-09-12 08:54:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Fire your lawyer and get a new one.
2007-09-12 08:49:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋