Hiring a Personal Injury Attorney After 5 Years?

by Eva
(Las Vegas, NV)

My accident was in 2005. The attorney I hired did not work on my case. It now is 5+ years later and I am having difficulty hiring a new attorney.

Also, the insurance company and their attorney will not release the policy limits (my previous attorney did not receive them). Is there anything I can do?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Hiring a Personal Injury Attorney After 5 Years?":

Eva:

The first concern we have is whether your first attorney filed a lawsuit, and if she did, whether it was within the 2 year Nevada Statute of Limitations period. If not the case may have already been dismissed and you may not know it.

In the alternative, if suit had been filed within the statutory period and has not yet been dismissed you can still pursue the case with new counsel.

Because of the age of your case it is not altogether surprising you are having difficulty finding a new attorney. Normally during litigation policy limits are “discoverable,” meaning subject to production for review by the opposing party or her attorney.

Our advice would be to continue seeking new counsel. There are several thousand in the Las Vegas area. You will probably find one who will accept the case.

BE CAREFUL...to make sure your attorney formally withdrew from your case and more importantly, make sure the court has your home address and telephone number so you will receive prior notice not only of the insurance company’s actions in the case, but also prior notice of the imminent dismissal of your case for “for want of prosecution.”

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy