Legal Question in Personal Injury in Wisconsin

I was involved in a slip and fall accident a couple years back. I had an attorney for a1-2 years dealing with the case, or so I thought. Several months ago he sent me a letter saying he was no longer going to represent me because he thought it was unlikely those involved would settle the case without going to trial, but I didn't get the letter until last night. The problem is now i don't have a lawyer and I only have about one and half months before the statute of limitations is up. I have no idea what the heck I should do now. It's the weekend so I can't call the lawyer in question to ask for advice. Is it possible I can file some kind of case before the statute is up and ask for some time to secure legal representation if need be??


Asked on 7/17/10, 6:59 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

I would suggest attempting to find an attorney as soon as possible, although it will be difficult to find an attorney to get involved late in a case, especially with a slip and fall case. You can certainly file a lawsuit, prior to the statute of limitations running, to preserve your rights. You might also be able to convince the attorney you had been represented by to file the lawsuit, to preserve your rights, even if he is not going to continue to represent you. He may have an ethical duty to assist you if you are unable to find an attorney to get involved. I am unclear why it took several months for you to get the letter that the attorney sent, so I would assume that you had either not been keeping in contact with him as to your updated contact information, or he obviously had incorrect information for you. Be aware that there is normally a three year statute of limitations for an adult in Wisconsin, which means that you must either settle your case or file a lawsuit, prior to the three year anniversary of the accident.

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Answered on 7/19/10, 7:51 am


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