Abandonment of a Lawsuit

by Mrs. O
(New Orleans, LA)

After nearly three years of communicating with the insurance company's attorney via certified, faxed and email correspondence in a personal injury lawsuit that I have filed with the Civil District Court of New Orleans, I have recently received a copy of a Motion for Dismissal for Abandonment.

This comes weeks after I submitted the demand for settlement and finally receiving the policy of insurance which covered the rental property where I was a tenant when I was seriously injured and nearly died.

I fired my attorney in October of 2006 because he accepted a settlement offer without my permission and without having seen the policy of insurance and knowledge of the policy limits.

Q: When can a lawsuit be considered abandoned? What constitutes a "formal act" in the litigation? Can the matter be considered abandoned if discovery has been re-propounded upon the defendant?

NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.

Answer:

Each jurisdiction is different and as a practicing attorney in New York, I do not know the answer to your questions. The Motion for Dismissal should site the case law and/or statutory law which will answer your question.

The judge who decides the motion will have some leeway. Your affidavit in opposition should show all the acts you have taken to prosecute your case. Submit copies of all your letters and the certified mail receipts and, if you have kept one, a log of your phone calls.

Good luck,

Charles
New York Accident Attorney

P.S. We strongly advise you to get a free case review from a local injury attorney. Laws change from state to state. Only an attorney licensed in your state can give accurate answers to your specific questions.