WHAT HAPPENS IF AN ATTORNEY MISSES A FILING DEADLINE IN A PERSONAL INJURY CASE?
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WHAT HAPPENS IF AN ATTORNEY MISSES A FILING DEADLINE IN A PERSONAL INJURY CASE?
I HAD FILED A CLAIM WITH A BREAST IMPLANT LITIGATION CASE. I HAD THOUGHT MY ATTORNEY HAD FILED ALL THE PAPERS THAT NEEDED TO BE FILED BEFORE THE DEADLINE DATE. THEN I RECEIVED A LETTER STATING THAT SHE DID NOT FILE ALL THE PAPERWORK ON TIME. I WAS UNABLE TO GET A HOLD OF HER ON PHONE OR OFFICE. A COUPLE WEEKS LATER I GOT A LETTER REGARDING HER PRACTICE AND THAT SHE HAD FILED BANKRUPTCY. NOW I AM STILL STUCK WITH MY IMPLANTS. I HAVE BEEN ON AND OFF JOBS DUE TO MY HEALTH BUT I AM DOING ON-LINE COURSES. TO EASE MY MIND I JUST WANT TO KNOW WHAT COULD I HAVE DONE .
Asked on June 24, 2011 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An attorney who misses a filing deadline can be sued for malpractice. A classic case of malpractice is missing the filing deadline in a personal injury case when that filing deadline is the statute of limitations. If your claim is now barred because of the missed filing deadline, you could have filed a lawsuit for malpractice; however, since your attorney filed bankruptcy, you won't be able to proceed with your lawsuit.
You might want to contact the CA State Bar because the attorney could still be subject to discipline for having missed the filing deadline in your personal injury case.
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