My Lawyer screwed me what can be done now.?

[winfrid12]

I was injured by a door that fell off of a medical building in 2005. My lawyer got sick during the period of time from 2005 to 2009 and turned over the case,partialy , to another law firm, they did their part in gathering medical bills ect. and getting the case prepared for resolution. My Attorney took the case back in August 2008, before the statute of limitations ran out. He filed the lawsuit seven days before the deadline, I had to call him every week to remind him to file on time. He sent a request for settlement but failed to have the parties served on time, past the 120 day deadline. When he finally did get ahold of the insurance company they told him he was past the statutes of limitations and they would give him 5,ooo dollars to settle because that is what they would spend on an attorney to get the case thrown ut and they would get it thrown out. I have a copy of the request for settlement in the ammount of 750,00 dollasrs US. His reply to me was this is it take it or leave it, I screwed up and miscounted the days. Take the 5,000 and I will represent you in any further legal matters for free. I would tell you to sue me but my malpractice insurance has lapsed. I my shock I signed the release and took the five grand. Less than 24 hours later I came to my senses and asked him to NOT send the release and I have not cashed the check. He stated he sent it out right away and it was too late. What if anything can I do to reopen this case and get my money? None of the medical bills have been payed, his answer to that was :"they are all over two years old I won't tell anybody you got anything if I am asked. So not only is he defrauding me he is defrauding the government as they are th ones that had to foot the bill for all my surgery. WHERE DO I GO FROM HERE???

[gustav]

First you start with your states supreme court attorney ethics committee, then consult a legal malpractice lawyer , even if his insurance payments have relapse, the state may have a fund to help people like you, or maybe able to pierce the corp. veil and seek to recoup personal assets

[jerard]

which state?????

[max]

I honestly don't know the answer to your situation. I'm sorry...But on a lighter note, here is a piece of advice: Just make sure the next law firm you choose is not named: Dewey, Cheatum & Howe.

Best of luck...maybe you will get the answers you need on this from someone else.

Edit: And, if you didn't know, my first answer is a joke -- from the era of the Three Stooges, of course! Look it up and you will see what I mean about that firm name. It's fictitious. Anyway, good luck. Looks like you got some answers that you needed.

[shen86]

I honestly don't know the answer to your situation. I'm sorry...But on a lighter note, here is a piece of advice: Just make sure the next law firm you choose is not named: Dewey, Cheatum & Howe.

Best of luck...maybe you will get the answers you need on this from someone else.

Edit: And, if you didn't know, my first answer is a joke -- from the era of the Three Stooges, of course! Look it up and you will see what I mean about that firm name. It's fictitious. Anyway, good luck. Looks like you got some answers that you needed.

shouldnt have been greedy to begin with. second you should have dealt with company direct and they would have paid the bills. Third your dealing with an attorney, they are all crooked.

EDIT: Somebody noted you did what was right by going thru an attorney and not dealing with it yourself. Look what it got you into by dealing with an attorney. Look at the mess your in now.

[ingel]

Not sure-- but you would get some attention if you file a complaint with the state bar association. For example, if you are in Florida, file the complaint with the Florida Bar.

That's one of the last things any lawyer wants!

Or you could seek the opinion of another attorney and he/she can guide you.

[wethrby]

Ok, so you suffered an injury. You underwent surgery. The government paid for it, I assume, because you had little or no income or savings. You may suffer long-term effects from the injury (a door falling on you is never a good thing), so you wanted some compensation for future pain and suffering. Correct?

The only issue worth pursuing is that your lawyer sounds like he should not be practising law. You are entitled to competent representation. It appears that both the firm and your attorney handled this case poorly. He could have easily phoned the opposing side and withdrew your acceptance of their offer.

The bar association in your state will have a complaints department that you should contact straight away. This IS a serious offense. Your lawyer, despite not having malpractice insurance (which is another offense), is STILL liable for his bumbling handling of your case.

If you file a complaint and the bar association finds fault with the representation you received, you CAN and SHOULD sue the attorneys they find fault with.

EDIT: Please do not take legal advice from people who have NO clue what they're talking about. You were correct to have an attorney deal with your injury case. The business would have never entertained your case without you having representation.

EDIT: Your injury is very serious and you were entitled to much more than you got, but the check has been cashed and the case closed. The only recourse you have now is to pursue the incompetent attorney. With luck, the bar will penalize him AND the other firm...the other firm will most likely have insurance and you can recover costs from their side. This time when you sue, interview attorneys and check their record with the Bar to ensure there has been no disciplinary action.

[adusa37]

Report him to the State Bar.

[bret11]

get a bigger shovel