Can my husband have a resolved auto accident lawsuit reopened or a new one filed by a different attorney?
Sunday, December 13th, 2009 at
8:12 am
anon asked:
My husband received practically nothing (around 2000 of the expected 75,000 (I’ve factored in medical expenses paid for) thanks to an incompetent attorney who rarely returned his calls. My husband, before I met him, was in a car accident a few years ago that was the other driver’s fault, and suffered massive injuries to the head/brain, face, and body. He practically died (had death experience but came back because it wasn’t his time). He lost his firefighter and potential stuntman career and is now on disability.
My husband received practically nothing (around 2000 of the expected 75,000 (I’ve factored in medical expenses paid for) thanks to an incompetent attorney who rarely returned his calls. My husband, before I met him, was in a car accident a few years ago that was the other driver’s fault, and suffered massive injuries to the head/brain, face, and body. He practically died (had death experience but came back because it wasn’t his time). He lost his firefighter and potential stuntman career and is now on disability.
Someone with legal expertise, please tell me….can my husband legally have this case reopened or a new case involving the accident filed by a different, hopefully better, lawyer?
to icmpca:
my husband accepted the award check I think because
1) having suffered head trauma, he doesn’t think as fast on his feet as before the accident, and
2) the attorney was sneaky and rarely returned his calls, kept my husband in the dark about the case so my husband did not know what was up, when they met for the settlement.
If he accepted a settlement or the case was overseen by a judge and a settlement was paid, no he can’t.
yes he can.
I don’t have legal expertise but…
It depends on how the case was resolved. It sounds like he got 2k out of it somehow. I’m guessing that means he either won a judgment or the case settled.
Either way you can’t revisit the case unless:
1. You’re suing someone else.
2. The settlement agreement didn’t extinguish all your rights to bring an action (unlikely).
You may be able to sue the attorney for malpractice but this may be a long and difficult (uphill) battle.
Consult a different attorney in your area. See what he/she has to say about it.
Your husband agreed to the deal. He cannot reopen the case based on that fact. Sounds like he has a good malpractice case against the attorney. I can’t help but ask, why did he settle for nothing if he was injured so badly? Have you seen how the settlement funds were disbursed?
If your attorney was incompetent contact your State Bar Association and file a complaint. Did your attorney accept the settlement without your consent (did he simply call and tell you this is all he could get?). The State Bar Association will also refer you to another attorney if necessary; whether or not the case can be reopened after it is settled depends on the facts of the respective case. You can also contact the American Bar Association (they are different from the State’s, but essentially do the same thing). By the way, if the list of attorneys says in good standing, this only means that he has paid his annual dues, so don’t let that phrase fool you. You can also draw up your attorney’s name and see if other complaints have been filed against him. I am no attorney or paralegal, but I had to go through this process myself about 2 years ago–and yes, he was incompetent and I got my retainer fee back.
If your case went to judgment or was dismissed with prejudice, it’s very unlikely that you can reopen the case. The only instance I can think of would be if the other party did something bad like violate the terms of a settlement agreement or withhold evidence at trial. If you got a verdict, has the time for appeal already run? If your attorney really was incompetent, you might be able to appeal. Moreover, you may be able to seek disciplinary action or sue for malpractice. (Although it’s certainly not nice, and might be a legitimate complaint, not returning your phone calls doesn’t necessarily make him incompetent.)