When Your Attorney Withdraws Before the Filing Deadline

Attorney Answer

Move on this today. When a lawyer steps away from an accident case, the filing deadline does not pause and it does not restart. The single most important thing to learn right now is whether a lawsuit has already been filed in your case, because everything else follows from that answer.

In California, a claim for personal injury or wrongful death must be brought within two years. Cal. Code Civ. Proc. § 335.1 provides: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." Other periods can apply instead, depending on who caused the crash and who was hurt: a claim against a public entity must be presented within six months under Cal. Gov't Code § 911.2(a); medical negligence runs under Cal. Code Civ. Proc. § 340.5; damage to a vehicle runs under Cal. Code Civ. Proc. § 338(c)(1); and Cal. Code Civ. Proc. § 352(a) does not count time during which the injured person was under the age of majority or lacked the legal capacity to make decisions.

If a complaint is already on file, the limitations question is behind you, and what remains is getting new counsel in place and the case moving. There will still be court dates and case deadlines that do not wait, so the gap between lawyers needs to be short.

If nothing has been filed and the accident was about two years ago, this is urgent. A lawyer who withdraws is generally expected to give reasonable notice and not to leave a client in a position they cannot protect — but that is not the same thing as protecting your deadline for you, and no page can tell you from a distance how much time is left.

There is a second clock. If a deadline in your case has already been missed, a claim against the attorney has its own short period under Cal. Code Civ. Proc. § 340.6(a): one year after the client discovers, or with reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the act or omission, whichever comes first. That is shorter than most people expect, and it is a reason to have the file reviewed quickly rather than wait and see.

What you can do

1. Ask your lawyer in writing, today, three questions: has a lawsuit been filed in my case; what is the case number and the court; and what accident date is the file using.

2. Ask in writing for a complete copy of your file, including all correspondence with any insurer, and confirm where it should be sent.

3. Ask what deadlines and court dates are on the calendar in the next 90 days.

4. Take that file to another California personal injury attorney for review right away, and give them the accident date on the first call. A firm can only judge urgency once it knows the date.

5. Before you sign any form ending the representation, ask the new attorney about it, including any fee or lien claim the current firm may assert.

6. If you believe a deadline may already have passed, say so on that first call and ask specifically about Cal. Code Civ. Proc. § 340.6.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 gives two years for personal injury and wrongful death, and other statutes shorten or change that depending on the facts. Nothing about a lawyer leaving a case changes those dates. Which deadline governs your claim, and whether it has run, depends on your facts — have a California attorney confirm it now rather than relying on any general period.