Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?
federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance company, then left me out.
this is as i have getting some advises, a civil right case. insurance company knew about the law suit and the judgement, why didn't they contact me?
judgement was over $246,000
A: Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement money was applied, you do not state whether you received such an accounting. The lawyer maybe still has your file. He has an ethical duty to notify you before destroying it. But it will be hard to ascertain what happened so many years after the fact. Civilly your claim for money damages will likely be barred by the statute of limitations, but if he embezzled the funds he could still be charged criminally and a judge can order that he pay you restitution in the amount he stole. However, you’d have to convince a prosecutor to file criminal charges, and of course there is the problem of evidence to prove your claim. I ask again, why did you wait 20 years?
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