Law firm Eckert and Smestad alleged to have let statute run on client's personal injury claim

By Jenie Mallari-Torres | Nov 29, 2018

CHICAGO – A former client of a now-dissolved law firm alleges it let the statute of limitations expire on her personal injury claim.

Carol Mitchell filed a complaint on Nov. 14 in Cook County Circuit Court against Eckert and Smestad LLC, Emily J. Eckert and Adam B. Smestad alleging legal malpractice.

According to the complaint, the plaintiff's personal injury claim against Mariah Isom was referred to the defendants by another law firm in 2015. The plaintiff alleges the defendants interviewed her for the details of the auto accident, but did not take any action from May 2015 to November 2016. 

The suit states the plaintiff received a letter from Eckert Nov. 28, 2016, that allegedly stated the defendants had failed to monitor the statute of limitations and that the statute had run.

The plaintiff alleges the defendants failed to bring a timely lawsuit against Isom and her insurance provider.

The plaintiff seeks judgment against the defendants in excess of the limits of the court plus costs incurred in presenting lawsuit. She is represented by Bourgogne Chalmers in Chicago.

Cook County Circuit Court case number 18-L-12360

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