My Lawyer Missed the Deadline to File My Lawsuit. What Do I Do?
I was hurt in a car wreck in Nashville last year. I hired a lawyer two months after the wreck. He called me last week, and told me he forgot to file my lawsuit on time. He said he filed it late and hopes that the other side won't say anything but that if they figure it out my case will be dismissed. What do I do now?
Your lawyer did the right thing by telling you that he made an error. The failure to file a lawsuit within the one year period required by Tennessee law is legal negligence absent extraordinary circumstances not apparent from your question.
You need to hire a different lawyer to help you evaluate your case and, if necessary and appropriate, assert a claim against the lawyer. To prove your case, you will need to prove that the lawyer committed malpractice by not filing the case on time. You will also need to prove that more likely than not you would have won the underlying case (the care wreck case). Lawyers refer to this second case as "the case within the case."
Do not attempt to reach a settlement with the lawyer without seeking independent advice. You need a different lawyer to help you evaluate the case.
