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I am so very upset to find out that my legal taem has not been…

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I am so very upset...
I am so very upset to find out that my legal taem has not been working for me at all. here is my story, I ruptured the tendon in my right foot back in 2004, the doctors took care of it and I didn't have any problems with my foot until on july 2008 , a drunk driver ran a stop sign , causing me to press my brakes really hard but still crashed into him. My foot started hurting again and the doctor tried medications but eventually it came to surgery that was done in jan 2009 and my doctor released me to go back to work feb 2009, but unfortunely my job told me 3 weeks into my recovery that they couldn't hold my position. I feel as though my legal team deliberately dragged this out so that the statue of limatations would prevent me from having a fighting chance. they never even filed a suit , and they said I would only get 4,595.00 because it was a prior injury. please help me, I know that I'm being done wrong but I don't know what to do. the accident happened on 7-26-08 please help thanks
Submitted: 8 years ago.Category: Legal
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6/21/2010
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,637
Experience: 19 Years of Legal Practice Experience in this precise field.
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Customer reply replied 8 years ago
columbus georgia
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago

You have a two year statutue of limitation, so you need to file asap, regardless. Your legal team, if they have NOT filed the suit, was likely not to defeat your claim (they'd beliable for malpractice) but because they were trying to find all the evidence to see if you were better off settling for what was offered by the liable party or his insurance carrier, rather then you incurring all the extra expenses required of litigation (i.e. you'd have to pay the doctor to testify, which runs in the thousands), you'd have to pay for depositions, which also runs in the thousands. Apparently,that party offered a few thousand more, tops, then the $4000+ that they indicate would end up in your pocket after attorneys fees. For whatever reason, your attorneys don't think your case is worth much.

 

Now, keep in mind, you are NOT obligated to accept that offer! If your attorneys did properly file, tell them you don't accept the offer. If they are telling you the case stinks and this is the 'nuisance value' the other side is offering, and they will not be filing suit, you can either refuse the settlement and file suit yourself, or get another lawyer to file. I'd prefer to see you do the latter. You have plenty of time to file, as it is more than a month away, your expiration of time to do so.

 

Please also know that a pre-existing injury that you can show was resolved and then re-injured does not necessarily mean it is a bad case. But for some reason, your lawyers think you lost a lot of value - I can't say why. Perhaps they simply only settle cases and never try them,and so are wimping out. But know that since your statute of limitations to file suit is NOT over, you have lost NOTHING by waiting. Just make sure to get that complaint in - pay a lawyer if you have to to get it filed. You can even do it yourself, although not so easy, and once filed, there are many procedural requirements that will crop up that you have to be aware of and know how to handle. That is why if you won't take the settlement (I probably wouldn't, given how small it is, if I thought I had a good case), you really should get a new lawyer. Consider a solo practitioner in your area that does not have to deal with partners, but who promises he is not afraid of litigation.

 

You can do this, you have time.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

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