Comments on: Can my husband have a resolved auto accident lawsuit reopened or a new one filed by a different attorney?

By: bythotrephes

bythotrephes — Wed, 11 Nov 2009 17:31:58 +0000

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.)

By: C J M

C J M — Mon, 09 Nov 2009 05:30:37 +0000

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.

By: lcmcpa

lcmcpa — Fri, 06 Nov 2009 21:59:29 +0000

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?

By: r m

r m — Fri, 06 Nov 2009 21:23:32 +0000

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.

By: bosshawg

bosshawg — Fri, 06 Nov 2009 11:36:50 +0000

yes he can.

By: suellenh

suellenh — Wed, 04 Nov 2009 13:59:34 +0000

If he accepted a settlement or the case was overseen by a judge and a settlement was paid, no he can’t.