It isn’t rare for us to receive a call from a well-meaning person who explains that they are nearly 3 years post-accident and are now searching for a lawyer to take their case. Their most common complaint is that they can’t find a lawyer and are now concerned that they won’t be able to make the claim because their statute of limitation is near.
A statute of limitation is the time period after an event that you have to bring a lawsuit. You will frequently hear about this in criminal courts where certain charges can’t be brought if a long period of time has passed. However civil cases (such as car accidents, malpractice or nursing home claims) also have statutes of limitation.
When a prospective client calls a week or two (or even a month) before a statute of limitation, they are running the risk of being turned down regardless of the strength of their claim. Why? First, properly evaluating a claim takes time. Any lawyer putting a case into suit needs to know that the case has merit. That requires more than someone’s say-so. There must be a legal basis for any claim.
Second, frequently the lawyer now needs to undo whatever actions have been taken over the previous time period that may not be helpful to actual litigation. While some people feel they can learn all there is to know about settling claims from the internet, there is a great deal that goes on in litigation that can be affected by pre-trial actions.
Finally, the lawyer simply may not have time to turnaround a lawsuit in a brief period of time. Drafting the necessary documents with proper attention to detail can be difficult and complicated work.
The best solution to these concerns is to talk to a lawyer long in advance of your statute of limitation. If you’re not sure, you should still talk to an attorney. We can help you in multiple ways in navigating the process and put you in the best position if litigation is necessary. Call us now! (414) 306-8999
