Hi, cg-ja,
Dealing with legal matters such as this can be frustrating, can't it?
My experience has been that the legal system doesn't work nearly as
smoothly as it seems to on TV or in the movies.
First of all, I'd suggest you read carefully the comment below by
Weisstho-ga. The matter of deadlines and statutes of limitation can
get quite complicated; what can matter is not only the time has passed
since the injury, but also when you knew the extent of the injury,
whether intent was involved, whether product liability was involved,
when the parties are notified, and so on and so on. It also may be
that if a government agency was involved (it sounds like the accident
took place on public property), you may have to file a claim sooner
with the government agency. So contacting an attorney for a
consultation on just the issue of deadlines would be worthwhile.
All that said, it appears that under New York law you have up until
three years after the injury to file a legal action. The link below
takes you to a page with the law itself.
New York State Consolidated Laws, Article 2, Section 214
http://assembly.state.ny.us/leg/?cl=16&a=3
Again, you should check with an attorney to make sure there isn't some
exception or some other course of action that should be taken
immediately.
I also suggest you contact your current attorney to see if in fact no
work has been done on your case. It is possible that the problem is
one of poor communication. Sometimes attorneys like to file lawsuits
close to the deadline; that way, they have a better idea of the
long-term effects of the injuries. It could be that your attorney is
intentionally and prudently delaying action so he can get the best
deal for you. (But if that's the case, he also should tell you.)
If your attorney isn't doing his job, you have at least two courses of
action (although it may be difficult to show malpractice before any
deadline for filing lawsuits has passed). This first, as Weisstho-ga
mentioned below, is to report him to a disciplinary board. This would
require little work or expense on your part, and the threat of
disciplinary proceedings could prompt the attorney to action. The
link below gives you more information about this procedure.
New York State Bar Association page on disciplinary proceedings
http://www.nysba.org/Content/NavigationMenu/Public_Resources/Attorney_Grievance_Procedures/Attorney_Grievance_Procedures.htm
I believe that pursuit of a malpractice claim against your attorney
would be premature unless and until you find that you have missed your
chance to be compensated for your injuries (and that missing the
deadline was the attorney's fault). If that happens (and it would be
better to keep it from happening, as it appears you are trying to do),
you should find an attorney who specializes in malpractice law. In
the meanwhile, if the deadline hasn't passed, it would just make more
sense to hire a new attorney.
Google search strategy: "new york" "personal injury" "statute of
limitations"
://www.google.com/search?q=%22new+york%22+%22personal+injury%22+%22statute+of+limitations%22
I hope this has helped and that you can arrive at a resolution that
gets you the compensation you deserve.
Best wishes,
mvguy |
