statute of limitations for personal injury

[Edie_Lockwood]

My cousin went to Ohio in Jan. 2001 & fell in a resturant & broke her nose, shoulder & ankle. She has pins & rods to help her walk after extensive rehabilitation. She came back to Fla. & hired an attorney & he hired an attorney in Ohio. They thought the case was moving along & then they received a letter in Oct. that the case had been closed a year ago with no explanation. They got a 5,000 check, but were told they would get in trouble if they cashed it. There are three names on the check, hers, the insurance company of her husbands & Medicare.
My question is whether she can get another lawyer to pursue this again and if it was legal for the first lawyer to close the case & not notify her for a year?

 

[Michael Wechsler]

This is a difficult question to answer. It seems that you had already begun prosecuting the case so the statute of limtiations may not necessarily be the barrier here. When you say the "case was close" -- what does this mean. Was a complaint filed? Was there merely negotiation? Why would a settlement check be 'trouble' to cash? We need more information.

Originally posted by Edie Lockwood
My cousin went to Ohio in Jan. 2001 & fell in a resturant & broke her nose, shoulder & ankle. She has pins & rods to help her walk after extensive rehabilitation. She came back to Fla. & hired an attorney & he hired an attorney in Ohio. They thought the case was moving along & then they received a letter in Oct. that the case had been closed a year ago with no explanation. They got a 5,000 check, but were told they would get in trouble if they cashed it. There are three names on the check, hers, the insurance company of her husbands & Medicare.
My question is whether she can get another lawyer to pursue this again and if it was legal for the first lawyer to close the case & not notify her for a year?