my lawyer screwed me. what should i do?

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my lawyer screwed me. what should i do?

Aug 2010: I was on vacation on a cruise ship, my room got flooded with water bc of bad pipes, i tripped & fractured my pinky & ring finger. I end up getting surgery. I call up my lawyer & says she will take care of it. Skip to over one year later (dec 2011) & she tells me that in the cruise ship’s contract that if one sue’s them, it must be completely done within a one year time span, or else it becomes expired and ineffective. My lawyer said she did not know of that information ( she could have finished it way before but she took her sweet time). During the one year, she made me go th

Asked on March 16, 2012 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You have a malpractice case against your attorney for missing the statute of limitations.  Malpractice is negligence.  It would be advisable to contact an attorney who handles legal malpractice.

If your attorney has malpractice insurance, it may be possible to settle the case with the malpractice insurance carrier.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the attorney prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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