Q: I had an automobile accident on October 22, 2011. I hired an out of town lawyer who advertised on television to handle my case. It’s been almost two years and he hasn’t filed a lawsuit and I can’t get him to return my calls. This is extremely frustrating. Is there anything I can do?
A Faithful Reader
A: We see cases like this more and more. We had a client come in three (3) weeks before the statute of limitations would have run. The lawyer they hired from a television ad had received a $28,000.00 offer and insisted that they accept the money and refused to file a lawsuit.
Insurance company adjusters and their lawyers know who will go to court and who can try an effective personal injury lawsuit. Lawyers who won’t go to court can’t force an insurance company to pay a fair amount. When the insurance company knows that a lawyer won’t go to court, they just string out the settlement offering pennies on the dollar of what a case is truly worth. Let’s face facts, if you or your child, wife, mother or father were injured, had to have back surgery as a result or had broken bones, there is not enough money in the world to make up for what they have to go through because someone wasn’t paying attention. If we didn’t have a good justice system and juries didn’t treat people fairly, eventually people would settle these matters with violence. Our system of justice calls for balancing the scales with money, some for lost wages and medical bills and some for the inconvenience and pain of an injury. When you represent someone’s child or husband or wife, it is an honor and a position of trust. So is jury service.
We accepted this client’s case after they fired the other lawyer and we filed suit. We were able to settle the case before trial after taking depositions of the parties and doctors. Once we demonstrated that we had everything we needed to show a jury the seriousness of our client’s back injury, we settled the case for $225,000.00.
You should make an appointment to see the lawyer in person and find out if they are going to file a lawsuit to protect you and preserve your claim beyond two years. If you are not satisfied that they are prepared to go forward, hire a firm that handles injury cases well before October 22, 2013 or you won’t have a case at all.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
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