La Salle, CO Personal Injury Law Firms & Lawyers

You have a couple of options about dealing with your attorney who has not responded to your repeated emails and phone calls. Here are a couple of options, not in any particular order: (1) Contact the attorney's assistant and ask why you have not heard back from your attorney. It is possible that your attorney has not received your messages. (2) You can send one last email or, preferably, a letter, indicating that unless you hear back from the attorney in a reasonable amount of time, such as 14 days, then you will be discharging him or her and hiring a new attorney. (3) If your attorney is an associate or a low-level partner in a law firm, you could try talking to the owner of the law firm or managing partner. He or she might either be able to get the attorney to communicate with you or assign a different attorney to handle your case. (4) You can discharge your attorney now and find another attorney to represent you. Clients in civil cases, such as an automobile accident, can discharge their attorney any reason they want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Depending on the contract you signed with the attorney as well as what, if anything, he or she has done, the attorney might be entitled to money for his or her time, costs and expenses. (5) You can contact the Nebraska Counsel for Discipline and report the attorney for failing to respond to your attempts to communicate with him or her. This option would likely cause your attorney to withdraw from representing you. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

These issues are dependent on a lot of facts. Basically your Statute of Limitations starts to run when you become aware of a problem with the medical procedure so in your case, as soon as you started having problems that were greater than normal. Then if you knew there was a recall in 2010 the SOL very likely began then. However if you didn't have any experience of problems until later, the discovery date which is when the SOL starts could arguably be later. The SOL is 3 years from date of discovery.

Before handing over the records, I would recommend first speaking with a personal injury attorney. For an accident with injuries that serious, I suspect there are plenty of attorneys that would handle the case on a contingency basis, meaning you would only pay if and when they settled your case.