Legal Malpractice

Question 1

Do I need to worry about my statute of limitations? +

Answer

The statute of limitations is a deadline established by statute by which time you must file your lawsuit or be forever barred. For most personal injury matters, this period is two years. Thus, you have two years from the date of your injury, or, more precisely, when you knew or should have known that you had suffered an injury, in which to file your claims. In Colorado, injuries suffered in auto accident cases now enjoy a three year statute of limitations. Calculation of your deadline is usually straight forward, ask your attorney when your statute of limitations period expires and mark it on your calendar. Surprisingly, for something that is so elementary, over 13% of all legal malpractice cases arise for failure on the part of the attorney to file claims in a timely manner.

Question 2

My attorney says that my case has settled, can that be done without my consent? +

Answer

Your claims should never be compromised without your full knowledge or consent—thus a demand for settlement should never be made on your behalf without your full authority. The better practice is for the attorney to prepare an advice letter, providing a professional opinion as to the value of your claims. The advice should also recommend a settlement range and asking your permission for making a specific opening demand. Likewise, a settlement cannot be accepted on your behalf without your approval. You have the final say.

Conversely, your attorney is obligated to inform you of any settlement offers, even if the offer is lower than what you indicated you would accept. You also have the right to be fully informed of the status of your case. Ask questions and insist on answers which you understand—your lawyer has a duty to provide clear explanations that enable you to make informed decisions regarding your case. Lawyers acting in the client’s best interest, especially in personal injury cases, communicate frequently. If months go by without word on your case, investigate what is happening. Litigation is a slow process, but an aggressive attorney usually can progress a case quickly enough to at least require monthly updates.

Question 3

Can my attorney represent me without a fee agreement? +

Answer

Colorado law requires that in every case in which the attorney agrees to handle the matter in return for a portion of the recovery, know as a “contingency fee” case, there must be a written fee agreement executed by the attorney and the client. It is the attorney’s responsibility to prepare a valid fee agreement. If you have a dispute over fees owed to your attorney, and you have no written fee agreement, you may wish to speak to a malpractice attorney concerning your situation.

Legal Malpractice

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