by colten » Tue Dec 27, 2011 6:10 am
You may well have a statute of limitations problem since a tort claim is typically 2 years. There may be a statutory claim in your state that has a longer timeline. You need to reach him or another lawyer (maybe in the same firm?) basically today or tomorrow AM to see if you need to file a complaint in court to preserve your claims. If not, you may need to do it yourself - call the court first thing in the morning and see if there's a form you can use or an office where you can get help.
Even if you miss the deadline to file, you may still be able to go forward with some claims, for example if it took a long time for certain injuries to become apparent, or if there's an equitable basis under the law. It's FAR better to get your complaint in before the deadline though.
It may be that your lawyer has some other reason (other than being busy on Christmas) for not filing.
Good luck to you!