running out of time
i was hit by a truck on private property while i was working.i have been talking to the insurance comp,but i am getting nowhere with them.i have alittle over a month left before i lose my right to sue.its a pretty striaght foward case but the problem is i have health problem wich limit my moblity so traveling is extremly diffacult,ie depositions,court.so i am not sure what to do.any help would be great,thank you.
2 Answers from Attorneys
Re: running out of time
The insurance carrier for the one who is allegedly liable obviously knows you're "behind the eight ball", so to speak and, apparently, intends to take full advantage of it.
You need to engage the services of local counsel in the area where you live who has some experience with these kinds of claims(personal injury-tort). The local bar association may be able to give you a referral. Call then ASAP.
You must now move with all deliberate speed as it would appear from your fact recitation that the two year statute of limitations which presumably applies to your claim is about to expire. (A Motion For Judgment must be filed in your behalf before this happens or you will irretrievably lose your claim.)
Re: running out of time
I see that you are quite far away from both me
and Michael Henderson. However, you need to
file a lawsuit IMMEDIATELY. It is probably too
late for you to get a lawyer because lawyers are
busy and do not like to take cases at the last
You should file ANYTHING in court, if it is
truthful, even if not pretty.
Once you file, the clock stops running.
If there are problems with your case, the other
side will point it out, and you will have a
chance to rewrite the lawsuit later.
You should get a copy of a sample lawsuit and
simply do your best.
THEN go out and look for a lawyer to clean it up
and amend it and handle your case.
What you might want to do is the following:
FILE the lawsuit officially but tell the clerk
that you do NOT want to have it served yet.
One law firm I worked for used to do that
routinely. They would file the lawsuit, and then
they would negotiate and try to work things out
with the insurance company. Only if things didn't work out would they actually "serve" the
lawsuit on the defendant. "Serving" the defendant gets the lawsuit started for real.
The reason for doing this is that it makes it
much easier for another attorney to come along
and AMEND the lawsuit (rewrite it) if it has not
yet been officially served.
But WARNING: Don't wait too long to have it
served. You have one year to get service, and
then your lawsuit is thrown out. I would not
wait more than 4 months, because may have to
make multiple attempts to FIND The defendant to
get him served.
NOTE that you sue the person who hit you, NOT
the insurance company. The insurance company
stands behind the driver who hit you.
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