Pierce And Pierce Attorneys At Law - Robert And B Gene Pierce Jr.Pierce Sat on my case for a year and did nothing then sent me a letter 3 days before statute of limitations was to run out saying they would not be taking my case- Long Beach California

'I got hit in my tiny car while coming out out a shopping center parking lot when I was 4 months pregnant by an SUV. My wrist of my dominant hand was broken and I ended up having to have surgery and a metal brace put in. ( and a hideous scar on both side of my wrist) I was also extremely worried about losing my unborn baby.'

You weren't worried about it when you pulled out in to traffic to get hit. That alleged child should be taken away if it really exists. You clearly will endanger it again.

Typically, we would not discuss a client's case in an open forum due to the attorney-client privilege, however, since the name was not disclosed and since this former client already disclosed information and has made disparaging comments about my firm, I feel compelled to respond.

First, this client was at fault for the accident for pulling out of a driveway right in front of another vehicle, resulting in the client's vehicle being struck. Second, this client did not have automobile insurance as required by the law. In California, this means that you can only recover economic damages (medical bills, property damage and lost wages) and you cannot recover for non-economic damages (pain, suffering and emotional distress. This client's medical expenses were paid by Medi-cal, and the amount owed to Medi-cal was $1,481.70. This plus the damage to the client's 1995 VW cabrio came to about $5,000. This was all the money we could recover on behalf of this client if the client wasn't at fault. If the client was at fault, we could recover nothing. Finally, the client moved to Ohio and was not available for depositions and other discovery matters in California, which would require me to travel to Ohio for these matters.

Since the client was at fault for the accident, had a maximum recovery of $5,000.00 and I would have to spend hundreds of dollars traveling to Ohio, this case was not worth pursuing. Had this client complied with the law and carried automobile insurance, entitling her to recover for the pain, suffering and emotional distress, I would have pursued this case. After trying to settle this client's case for one year with no success, I chose to cease representation. The client was out of pocket for the value of the vehicle and can still file suit as the statute of limitation for property damage is three years. If the client wants to come back to California to pursue her case in small claims court, the client can.

I feel that the client's comments warranted this reply. Not all customers will be happy with the outcome of their case, but in this instance, the outcome was determined by the client's actions, not mine.

Bob Gene Pierce, Jr.
Partner
Pierce and Pierce, LLP