Couple sues lawyer after statute runs on personal injury claim

Kelly Holleran Sep. 15, 2009, 5:47am

A man and his wife allege an Illinois attorney failed to file a lawsuit on their behalf after they were involved in an accident.

Kenneth and Laurine Funk say they hired Jeffrey S. Hamel to represent Kenneth Funk in personal injury claims.

Kenneth Funk sustained the injuries during a Sept. 19, 2005, accident caused after Todd Kessler ran a stop sign and slammed into Kenneth Funk's driver's side door, according to the complaint filed Sept. 10 in St. Clair County Circuit Court.

But Hamel failed to properly prepare Kenneth Funk's claims and failed to obtain a complete set of medical records and bills, the suit states.

In turn, Hamel failed to file the Funk lawsuit before the statute of limitations expired and did not even inform Kenneth Funk that he was not going to settle the suit before time ran out, the complaint says.

"But for Defendant Attorney's negligence, as pleaded above, Plaintiff would have been successful and recovered monies in his personal injury claims against Kessler arising out of the September 19, 2005 crash," the suit states.

In the two-count suit, the Funks are seeking compensatory damages of more than $100,000 and other relief the court deems just.

They will be represented by James E. Parrot of the Law Offices of James E. Parrot in St. Louis.

St. Clair County Circuit Court case number: 09-L-477.

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